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Feroz Uddin Vs. Eshan Re-Rolling Mill Ltd., 2009, 38 CLC (HCD)
....ties are hereby discharged from their bail bonds. Send down the lower court records at once for information and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 684. ......esaid two Sessions cases the accused-appellant preferred these two Criminal Appeals before this Court. 8. Since both the appeals are pending between the same parties and same question of facts and law is involved in these appeals, so both the appeals have been heard analogously and these two appe..Category: Criminal Law | Date: | Hits: 57
M. Anwar Hossain and others Vs. Government of Bangladesh and Others, 2008, 37 CLC (HCD)
....ment to pay duties on the existing market value of the property. The Bidhimala were promulgated pursuant to power conferred under section 69(1) (k) of the Registration Act. 12. When the aforesaid provision was not there, a deed of sale was valued on the value as mentioned in the decree and the a......le Nisi issue calling upon the respondents to show cause at to why the 3rd proviso to Bidhi 5(4) of the Shammpattir Bazar Mullya Nirdharan Bidhimala, 2002 shall not be declared to be void and without lawful authority and the memo No. 284 dated 25.5.2008 issued by respondent No. 3 (Annexure-A-1) and ..Category: Property Law | Date: | Hits: 35
Md. Monjur Murshed Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... building, flat, motor-cycle etc. at a low interest rate but this kind of loan facilities for a particular class of executives is very much illogical. That besides, over and above, there is a further provision for payment by way of maintenance for the car which has got no justification either in equ......ndent nos. 4 and 5 approving car loan facility for the executives of the respondent bank (as reproduced under paragraph no.05 of the writ petition), should not be declared to have been passed without lawful authority and is of no legal effect and why the respondents should not be directed to impose ..Category: Banking Law | Date: | Hits: 205
A.B.M. Nurul Islam Vs. Bangladesh Sericulture Board, Rajshahi, 2009, 38 CLC (HCD)
....er from his service is hereby declared to have been made without lawful and is of no legal effect. Mir Hashmat Ali J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 750. ......€™ to the writ petition) issued by the order of the Respondent No.2 under the signature of the Respondent No.3 dismissing the petitioner from service shall not be declared to have been issued without lawful authority and is of no legal effect and/or pass such other or further order or orders as to t..Category: Employment/Service Law | Date: | Hits: 104
Munshi Abdul Hai Vs. Sanjoy Kumar Shil, 2010, 39 CLC (AD)
....t the plainÂtiff in fact is seeking title in the suit lands and accordingly, the trial Court has declared plaintiffs title and possession in exercise of powers under Order 7 Rule 7 C.P.C. under this provision a plaintiff ought to be given such relief as he is entitled to get on the facts establishe...... application and the High Court Division upon hearing the contesting parties made the Rule issued thereon absolute observing, amongst others, that: "The Court of appeal below on a misconception of law held that since the plaintiff was not a party in the order mutating the name of the defendant, h..Category: Property Law | Date: | Hits: 32
Chairman, Chittagong Port Authority Vs. Safiuddin and others, 2010, 39 CLC (AD)
....self found that there was neglect and laches of the defendants in prosecuting the matÂter, it ought not have exercised the inherent powers in setting aside the ex parte decree overriding the express provisions that there must be sufficient ground for believing that the defendants were prevented by ......part of the defendants in prosecuting the matÂter. The reason for which the learned Joint District Judge has set aside the ex parte decree and allowed the Misc. Case is based upon misconÂception of law. The Court has no power to set aside an ex parte decree for ends of justice or for any cause oth..Category: Civil Law | Date: | Hits: 63
Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)
....n 7.7.87 but the Court of appeal below abruptly without applying its judicial mind to the materials on record arrived at a finding that the plaintiff could not or did not perform Taleb-i-ishat as per provisions of Mohammedan Law which caused failure of justice. 8. Mr. Khalequzzaman, also submits...... argument after placing the relevant materials on record including the impugned judgment as well as the judgment of the trial Court below submits that the Court of appeal below under misconception of law and facts most illegally without adverting the material findings of the trial Court passed the i..Category: Property Law | Date: | Hits: 39
Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)
....e rule is made absolute without any order as to the costs. Lower Courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 735. ......re in the so-called Salishnama to exchange the property of the plaintiff. Since transfer of property by exchange can be made only in the manner provided for transfer of property by sale in the eye of law the Salishnama has got no legal bearing unless it is a registered instrument. Section 54 of the ..Category: Property Law | Date: | Hits: 39
Alauddin Vs. State, 1999, 28 CLC (HCD)
....ned session judgment allowed the revision and directed the learned Additional District Magistrate to send the record to the Senior Special Tribunal for taking cognizance against the accused under the provisions of Cruelty to Women (Deterrent Punishment) Ordinance, 1983. Being aggrieved by that order......t Punishment) Ordinance, 1983 was in force and in view of provisions of section 2 of that Ordinance, the provisions of that Ordinance shall have effect notwithstanding anything contained in any other law for the time being in force. The ingredients of the offence of section 366 are also incorporated..Category: Criminal Law | Date: | Hits: 29
Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)
....it-in-opposition to the effect that since the allegation of misappropriation of income of waqf property was found to be true petitioner was found liable to be removed by the Waqf Administrator as per provision of section 32(1) of the Waqf Ordinance, 1962 as such, the question of infringement of any ......reby removing the petitioner from the post of Mutwalli and appointing respondent No. 2 Md. Mobarrak Hossain as Mutwalli of the said Waqf Estate, should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The relevant facts stated in the writ petition are..Category: Trust/Waqf Law | Date: | Hits: 180
Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)
....edure. Besides, factually the defendant opposite party No. 1 was or is never a tenant under defendant No.1 or defendant No.16 or the present petitioners and as such the question of application of the provision of Section 116 of the Evidence Act does not arise in this case at all. 12. Now, with re......ppeared for the defendant opposite party No.1 and filed a counter affidavit to oppose the Rule. 7. The learned Advocate for the plaintiff-petitioners firstly submits that the courts below erred in law in coming to a finding that the plaintiff-petitioners have no prima facie case without consideri..Category: Procedural Law | Date: | Hits: 80
M/s. Nawab Askari Jute Mills Ltd. & others Vs. Giasuddin Ahmed, 1988, 17 CLC (HCD)
....the suit ought to have been valued at Tk.3,90,786/- which is the market value of the launch excluding the price of the engine and ad valorem court-fee therefore ought to have been paid in view of the provision of SecÂtion 7(iii) of the Court Fees Act 1870 and that the learned Munsif committed a gre......of the engine and ad valorem court-fee therefore ought to have been paid in view of the provision of SecÂtion 7(iii) of the Court Fees Act 1870 and that the learned Munsif committed a great error of law by holding that valuation given by the plaintiff was corÂrect, resulting in an error in decisio..Category: Civil Law | Date: | Hits: 159
Md. Torab Ali Vs. Bangladesh Textile Mills Corporation & another, 1989, 18 CLC (HCD)
.... served with a second show cause notice dated 4.6.86 (Annexure E-l) wherein it was stated that the enquiry officer "found the charges established against" the peÂtitioner and as such the Corporation provisionally decided to dismiss the petitioner from the services of the Corporation. The petitioner......ervice as contained in Memo. No. SEC/DA/343/699/85/400 dated 20.7.86 (Annexure F) issued by the Secretary of Bangladesh Textile Mills Corporation shall not be declared to have been passed without any lawful authority and to be of no legal effect. 2. The petitioner joined the Bangladesh Textile Mi..Category: Employment/Service Law | Date: | Hits: 73
Amar Kumar Nag @ Ratu Nag Vs. State, 1989, 18 CLC (HCD)
....such a grievous hurt is likely to be caused or knowing that his action would cause a grievous hurt. This finding would be a sine qua non for recording a conviction under section 325 because under the provision of secÂtion 322 of the Penal Code a person would voluntarÂily cause hurt, if the hurt wh...... 6. Mr. Shawkat Ali Khan, the learned Counsel having taken me through the impugned judgment and the evidence on record had submitted that the orÂder of conviction and sentence cannot be sustained in law because there is no finding arrived at by the court below to the effect that the accused intende..Category: Criminal Law | Date: | Hits: 35
Trading Corporation of BanÂgladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)
.... Admiralty Court of England exercises jurisdiction on the basis of statute laws. The Court similarly exercises jurisdiction as has been given to it under section 6 of the Act of 1861 by virtue of the provision of section 2(2) of CoÂlonial Court of Admiralty Act, 1890 and as such Administration of J......he parties cited decisions in support of their contentions. 7. As the arguments advanced by the learned Counsels centre round of jurisdiction of this court it would be rather profitable to see the law in force in Bangladesh governing the field. This brings me to trace the origin of the Admiralty ..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)
.... member on taking oath to perform his functions as a member of the Union Parishad. Mr. Hoq also menÂtions that under the Union Parishads (payment of Honorarium to Chairman and members) Rule, 1985 no provision has been made allowing the acting Chairman to draw honorarium of the Chairman so long they......ishad and allowed them to participate in the proceedings of the Upazila Parishad as such representative members from 30.7.86 to 10.11.86 on several occasions and as such he is not permitted under the law to challenge their election of being elected as the Acting Chairman of those Union Parishads. In..Category: Election Law | Date: | Hits: 92
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4. On these pleading the parties fought out the suit. The Court of first instance having recorded the deposition of the witnesses and having considered the submissions made by the parties and the provision of law relevant, decreed the suit on contest on a findÂing that the defendant is a defaul......se pleading the parties fought out the suit. The Court of first instance having recorded the deposition of the witnesses and having considered the submissions made by the parties and the provision of law relevant, decreed the suit on contest on a findÂing that the defendant is a defaulter and the n..
Category: Property Law | Date: | Hits: 28
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....tor himself proved the knowledge but such evidence could not be shaken by cross examination by the pre-emptee and a solitary witness can be relied as he is a credible witness and having regard to the provision of section 134 of the Evidence Act have allowed the preemption case and thus, the courts b......at the courts below quoted the evidence of the O.P.W.1, pre-emptee without discussing the evidence of P.W.1 (preemptor), his witnesses has allowed the pre-emption beyond the scope of the principle of law and thereby, committed error of law which is an error in the decision occasioning failure of jus..Category: Property Law | Date: | Hits: 36
Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate Vs. Most. Ayesha Khatoon, 2010, 39 CLC (AD)
....und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly disÂmissed. End. This Case is also Reported in: VII ADC (2010) 926. ......ed 17/12/1972 did not create any right, title and interest to the purchaser-respondent No.1 hereof on the basis of said deed but the High Court Division misconstrued the facts as well as the relevant law and thereby arrived at a wrong decision occasioning failure of justice and that the High Court D..Category: Trust/Waqf Law | Date: | Hits: 194
Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)
....it for recovery of khas possession and that the plaintiff having failed to produce the original exchange deed and the certified copy of the exchange deed not being proved as secondary evidence as per provision of law. both the Courts below acted illegalÂly in decreeing the suit and that the High Co......ry of khas possession and that the plaintiff having failed to produce the original exchange deed and the certified copy of the exchange deed not being proved as secondary evidence as per provision of law. both the Courts below acted illegalÂly in decreeing the suit and that the High Court Division ..Category: Property Law | Date: | Hits: 31
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