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Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
.... has been first received in Bangladesh it can still be stamped after three months, but that will be done in breach of section 18 and thereby the penal provision of section 35 will be attracted. The relevant portion of section 35 of the Stamp Act is as follows: "35. Instruments not duly stamp......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......rted in: 42 DLR (AD) (1990) 244. ......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ..Category: Property Law | Date: | Hits: 118
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......908 (IX of 1908), First Schedule, Articles 11(1) & 95 The plaintiffs elected to relinquish all the reliefs except one by amendment of the plaint so they are bound by the principle of estoppels and debarred to raise the claim already voluntarily abandoned. The decree being obtained on understa...... from a reliable source that MA Naser was living in Karachi with his wife, son and daughters and that he was doing his business there. 13. It has been alleged that the plaintiffs have created some documents in order to grab the suit property. Defendant No.4 claimed that she is the lawful owner of..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... that it was obtained from the Chittagong office of the firm of defendant No.2, as there is evidence on record that the partner in question used to look after the firm's business at Chittagong at the relevant time. 21. Hence on all points raised the appeal does not merit any interference. The app......d not have been fixed at Tk. 2,50,000/-. Tk. 10,000/- was specifically mentioned in Ext. 4 as earnest money. This shows that the negotiations and contract were completed. Although Ext.4 and other papers do not contain any signature of defendant No. 1, yet Ext.4 along with the evidence of PWs 1 a...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Al-haj Ahmed Hossain Khan.......……………………………....Appellant Vs. Rezaur Rahman and others....................................Respondents Judgment January 22, 1990. Resu......per containing the Khatian and plot numbers of the suit land to enable the appellant to make an enquiry if he so likes. Defendant No. 2 also assured the appellant that he would send all the connected documents to the appellant within a day or two for preparation of the deed of conveyance. The appell..Category: Property Law | Date: | Hits: 50
State Vs. Mofizuddin and other, 2005, 34 CLC (AD)
....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......other prosecution witnesses. 6. We have heard Abdur Rouf, the learned Deputy Attorney General for the State petitioner and perused the judgment of the High Court Division and other connected papers. 7. At the time of hearing the learned Deputy Attorney General frankly submits that t......in J Mohammad Fazlul Karim J M.M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J The State......................Petitioner Vs Mofizuddin and other………………….Respondents Judgment ......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 40
Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)
....t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ......unsel for the appellant and Shamsul Hoque, the learned Counsel for the respondent (who appeared with the leave of the Court) and perused the judgment of the High Court Division and other connected papers. 8. It is not disputed that the plaintiffs’ predecessors and defendants predece...... Judgment: M. M. Ruhul Amin J.- This appeal by leave is directed against the judgment and decree dated 25.02.2000 passed by a Single Bench of the High Court Division in 2nd Appeal No. 3......t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)
....tagong (Annexure-C series to the writ petition) in respect of the assessment year 1992-1993, 1993-94, 1995-96, 1996-97,1997-98 under TIN 309-101-5913 in the name of Mohammad Sufian. 3. Facts relevant for disposal of the case are that the writ-petitioner submitted self assessment return of ......spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ......t: Mohammad Fazlul Karim J. –The Secretary. Internal Resources Division, Ministry of Finance and Chairman, National Board of Revenue, Dhaka along with others seek leave to appeal against the j......spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 72
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....d the Administrator of Waqf had quite legally passed the order under section 64(1) of the Ordinance. 14. To appreciate the aforesaid submissions of the learned Counsel for the Respondent No. 5 the relevant provision of section 64(1) of the Ordinance which is quoted below is to be examined. "64......ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Md. Yousuf & others…....Appellants Vs. Administrator of Waqf and others…….......Respondents Judgment June 20, 2005. Result: The appeal is allowed......ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ..Category: Trust/Waqf Law | Date: | Hits: 228
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......r. Shahabuddin Ahmed, the learned Counsel for the appellant and Mr. Abdus Samad, the learned Counsel for the respondent Nos.1-3 and perused the judgment of the High Court Division and other connected papers. 7. It is undisputed that the suit land originally belonged to Saku Sarder and Hossain Sa......n-Record- For Respondent Nos. 1-3. Not Represented- Respondent No.4. Civil Appeal No. 207 of 2000 Judgment M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 06.08.1996 passed by a Single Bench of the High Court Division in Civil Revision No.......ate Court suffers from any error of law occasioning failure of justice and also the submission that the High Court Division acted illegally in interfering with the findings and decision given on loan documents Ext. B & B (1) by the final court of fact on consideration of the evidence on record a..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......disprove plaintiff’s case. ......conclusion followed that the plaintiffs (sic) have been able to prove their claim as regards the suit property and that the defendant Nos.1 and 2 had not acquired any good title because their vendors documents of title were on the evidence found to be forged and fabricated". The High Court Division ..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
....d Money Suit No.53 of 2003, the contents and grounds raised and taken in the counter-affidavit filed by the petitioners in the Civil Revision No. 2347 of 2004 and Annexures-J series and also other relevant papers filed as Annexures and the submission of the learned Advocate of the petitioners as...... 5. Mr. Abdur Rob-I, the learned Counsel appearing for the petitioners submitted that High Court Division relying on the letters dated 28.1.2003, 29.1.2003 and 30.1.2003 which are inadmissible papers being fake, false, forged, fraudulent, fabricated and collusive documents created by one R.K......azlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J M/s. Sonali Aansh Trading (Pvt.) Ltd & another…….....Petitioners Vs M/s Birla Tyres and others………………………...Respondents ......ers submitted that High Court Division relying on the letters dated 28.1.2003, 29.1.2003 and 30.1.2003 which are inadmissible papers being fake, false, forged, fraudulent, fabricated and collusive documents created by one R.K. Shah for using the same in the judicial proceeding with malafide int..Category: Business or Commercial Law | Date: | Hits: 100
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......missed. Ed. ......ment but the added defendant-appellant preferred appeal before the District Judge and did not take advantage of the opportunity available to him for submitting the case of the appellant and produce documents in support of the claim at least as additional evidence under Order 41 Rule 27 of the Cod..Category: Property Law | Date: | Hits: 40
K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)
.... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ......requirements for giving him any show cause notice and that Additional Superintendent of Police (North) Mymensingh on several times sent latter to the petitioner for giving necessary information and papers vide reference No. 4720/E dated 3.9.2001; 4793/E dated 11.9.2001 4794/E dated 11.9.2001 and...... Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J K.M. Shamsul Alam.................................Petitioner Vs Managing Committee, Police Line High School and others...Respondents Judgment June 22, 2005. Case Referred To- Bang...... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ..Category: Employment/Service Law | Date: | Hits: 82
Kamruzzaman Vs. State, 1990, 19 CLC (AD)
....ode is applicable to trials before a Court of Session and not before a Special Tribunal, for sec. 339C speaks of only Courts of Session and not of any Special Tribunal. 6. On consideration of the relevant provisions of both the Code and the Act it clearly appears to us that the contentions of th......nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ......—For the Appellant. B. Hossain, Deputy Attorney-General, instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Respondent. Criminal Appeal No. 12 of 1990. (From the judgment and order dated 29th January 1990 passed by the High Court Division, Comilla Session, Comilla in Cri......nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ..Category: Criminal Law | Date: | Hits: 58
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....it on 5.1.89. The petitioners called in question the sale of the vessels, in the writ petition, as aforesaid raising various grounds as to violation of the provisions of the B.S.B. Order 1972 and the relevant Rules. The High Court Division, however, in a lengthy judgment rejected all the contentio...... and asked for final adjustments. 3. On 8.1.88, the Bank issued sale notice as provided in the Bangladesh Shilpa Bank (direct sale of Mortgaged Property) Rules 1980 by publication in the daily newspapers inviting lenders to be submitted by 27.1.88. The response to the calling of tenders in spit......ted by Shamsul Hoque Siddique, Advocate-on-Record—For the Respondent No.1. Not Represented—Represented Nos. 2-3,5. Civil Petition for Leave to Appeal No. 30 of 1989. (From the Judgment and Order dated 6-6-1989 passed by the High Court Division, Dhaka in Writ Petition No. 74 of 1989.......pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ..Category: Banking Law | Date: | Hits: 94
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
....And thus there was no competent authority to pass any order on review under para 1A of MLO No.9 of 1982 for his re-instatement. 5. The High Court Division upon a consideration of the mailer, the relevant laws and hearing the parties took the view (by separate judgments) that under paragraph 5 o......he review petition of the respondent filed under MLO 9 which was pending on the date of the commencement of the said Proclamation. Accordingly, a direction was given to petitioner No.1 to place the papers in connection with the review application of the respondent to the President for disposal o...... Martial Law Order No. 9 of 1982, Para 1A The Proclamation of Withdrawal of Martial Law, 1986, Para 5 Application praying for review of an order made under MLO-9, the CMLA is bound to consider and dispose of such an application. In case of ‘proclamation’ of withdrawal of martial law, the ...... the observation referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ..Category: Criminal Law | Date: | Hits: 53
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
....een performed with lawful authority. In the absence of a valid provision barring such interference, the High Court acting under Article 98 would, I conceive, have the authority to interpret the relevant statues, in respect of the limitations upon jurisdiction, the obligations to exercise the j....... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ...... (1957) QBD, Vol. 1, page 574(583); Azizul Huq Vs. S.M. Hanif, Ltd. 7 DLR 287; Phani Bhusan Sen Vs. Sanat Kumar Maitra, 40 CWN 124; Kokku Parthasaradhi Naidu Grau Vs. Chintlachervu Koteswara Rao Garu and another, ILR 47 Madras, 369; Phani Bhusan Sen Vs. Sanat Kumar Maitra, 40 CWN 124; Amir Sultan Vs......ng, as the impugned order shows, two grounds for consideration of the Court; (i) that the election tribunal in violation of the provision of law regarding admissibility of evidence admitted some documents in evidence for which the judgment of the tribunal should be declared to have been pas..Category: Election Law | Date: | Hits: 102
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....alleging that he was fired upon by a revolver by the appellant, his companion, while on his way back home from Khalishpur. This statement Ext.1 was recorded as an FIR but at the trial it became relevant as a dying declaration under section 32(1) of the Evidence Act. This statement contains t......he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......y fact or circumstance from, which it can be even remotely inferred that there was any reason whatever for which the appellant was likely to make an attempt on the life of the deceased. On the other hand, it appears that the appellant and the deceased were very friendly, they spent the day together ......he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ..Category: Criminal Law | Date: | Hits: 44
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
....licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ......licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ...... Appellate Division (Civil) Present: Md. Ruhul Amin J Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Messers Hai Iron and Re-Roiling Mills Limited, represented by its Managing Director and another …&hellip...... the defendant No.9 mortgaged her immovable properties situated at Purana Paltan Line Dhaka and the defendant No.10 became guarantor for the loan and the defendants also executed several documents and the defendants having failed to repay the loan notices were issued to the defendants ..Category: Banking Law | Date: | Hits: 101
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
....s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ......nocent and he has falsely been implicated in this case. 4. We have heard the learned Advocate for the petitioner and perused the judgment of the High Court Division and other connected papers. 5. During trial the prosecution has examined as many as 24 witnesses and the de......nt: M. M. Ruhul Amin J. - This petition for leave to appeal is directed against the judgment and order dated 27.07.2004 passed by a Division Bench of the High Court Division in Death Reference......s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......ff has no right, title and possession in the land in suit, that to grab the Government's property plaintiff has filed the suit making untrue statements as well as on the basis of manufactured papers and as such the suit is liable to be dismissed. 4. The trial Court decreed the suit o......on (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Rajshahi and others…………..Appellant Vs Md. Abdul Jabbar Sheikh&helli......ested in the Government, that R.S. record has been prepared in the name of the Government, that the Exchange deed and Power of Attorney are forged, fraudulent and fabricated and the said documents are antedated documents, that the land being the vested prop..Category: Property Law | Date: | Hits: 38
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