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Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)

....rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......dence with the Ministry before the respondent No.1 had to stop the work; on 17-11 -88 the appellant wrote letter to the Secretary, Ministry of Shipping, the photocopy of which is Exhibit 11 and other papers enclosed therein are Exhibit 11 (ka); on 22.8.88 the appellant also wrote a letter to the Sec......rt Appellate Division (Civil) Present: Md. Ruhul Amin J M M Ruhul Amin J Md. Tafazzul Islam J Chairman, Mongla Port Authority............. Appellant Vs. Kazi Brothers and others…………………………Respondent Judgment June 22, 2004 Case Referred To-......he schedule of the Tender Notice Ext 2(ka) in respect of Group "B" works, the word "will" was substituted by the word "may" and accordingly, the respondent No. 1, at the time of purchasing the tender documents, was fully aware of the fact that the port authority "may" supply the materials from their..

Category: Civil Law | Date: | Hits: 109

Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)

....well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J A Kabir Chowdhury J Bangladesh Agricultural Development Corporation (BADC)..............Petitioner Vs. Artha Rin Adalat and others ...............Respondents Judgment June 29, 2006. Result: The petitions are......,78,62,294 which on the prayer of the petitioner was enhanced to Taka 20,56,99,094/05 in Bangladesh currency and that according to the terms of the LC the petitioner was to release the shipping documents on payment of the banks dues and that on receipt of the shipping documents the plaintiff r..

Category: Business or Commercial Law | Date: | Hits: 135

Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)

....id writ petition he had challenged an order of the Director General of Food drawing up a departmental proceeding against him. 2. Petitioner was Inspector of Food and In-charge of Sylhet LSD at the relevant time. On the allegation of gross neglect of duty i.e. his failure to take action for recove......the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitution. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ......��………………………...Respondent Judgment March 27, 1990. Result: The petition is dismissed. The Constitution of Bangladesh, 1972, Articles 35, 102, 117 Bar to conviction and punishment more than once for the same offence as referred to in Article 35 relates to criminal ......the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitution. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ..

Category: Constitutional Law | Date: | Hits: 159

NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Company (BD) Ltd., 1990, 19 CLC (AD)

....st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ......e products of non-mechanised units manufactured on cottage industry basis; that the consignment of 300 pairs of footwears that was seized bore the seal of the company's retail price and there were no papers to prove that the excise duty was paid on those articles; that as those articles were manufac...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J National Board of Revenue, Government of Bangladesh and anr........................Appellants Vs. M/S. Bata Shoe Company (Bangladesh) Limited ........st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ..

Category: Fiscal/Taxation Law | Date: | Hits: 114

Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)

.... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ...... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ......AD) (1990) 186. ......ormally by examining the Magistrate who recorded them. Even so the High Court Division was justified in holding that under section 80 of the Evidence Act, the Court was entitled to presume that the documents (containing confession) were genuine; that any statements as to the circumstances unde..

Category: Criminal Law | Date: | Hits: 49

Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)

....reported in 41 DLR (AD) 68 and argued that the writ petitions in question are themselves not maintainable. 6. For proper appreciation of the question involved, it is necessary to reproduce the relevant rules. "6. Polling stations and polling compartments. — (1) The Returning Officer sh...... the local administration including the Deputy Commissioner, the Superintendent of Police and the Nirbahi Officer, who thought it expedient to change the polling stations for safety of the ballot papers and security of the Presiding and Polling Officers, that the Election Commission was cons......lant Atiur Rahman Munshi………………………….................Appellant Nurul Islam Sarkar....………………………….................Appellant Vs. Election Commission and others....…………………………….Respondents (In all the appeals) Judgment Nove......ated, as has been rightly pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180...

Category: Election Law | Date: | Hits: 163

Atiqur Rahman and another Vs. State, 1989, 18 CLC (AD)

....ppellants is found to be justified based on correct appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......ppellants is found to be justified based on correct appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......ted in: 42 DLR (AD) (1990) 176. ......89. Result: The appeal is dismissed. The Code of Criminal Procedure, 1898 (v of 1898), section 342 The accused appellant did not take the plea of inadvertence during trial, in signing the documents, causing the offence. The accused while examined under section 342 of Cr.P.C, all the incr..

Category: Criminal Law | Date: | Hits: 45

Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)

.... recorded some findings on the issues involved in the case both for and against the appellant. Suddenly it is observed as an anti-climax at the end of the judgment that "this being the matter where relevant documents had not been examined carefully by the court below to make the accused only an ab......de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......ment January 2, 1990. Result: The appeal is allowed. The Code of Criminal Procedure (V of 1898) Section 367, 423 If judgement of the trial court cannot be termed as a judgement at all and fail to fulfill requirements of section 367 of the Cr.P.C. then only order of remand for writing......entified in the dock by P.W 6, Tofazzal Hossain of Tofazzal Trading at the instance of the interested Bank Officials. 5. At the trial 8 witnesses were examined by the prosecution and a number of documents proved. Upon a consideration of the evidence on record and the circumstances of the case, ..

Category: Criminal Law | Date: | Hits: 52

Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)

....f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......ents Judgment February 15,1990. Result: The appeal is dismissed. The Non-Agricultural Tenancy Act, 1949 (XXIII of 1949), sections 7 & 88 Adverse Possession If the appellant and the other heirs of Raj Kumar continued to occupy the suit land after Raj Kumar's death in 1939, ......d 9.2.84. 7. Leave was granted to the plaintiff-appellant to consider whether the findings of the lower appellate Court as maintained by the High Court Division arc based on misinterpretation of documents, Exts. 1-4 including rent receipt, assessment register and the plaint and decree of Title ..

Category: Tenancy Law | Date: | Hits: 169

Zaker Hossain Vs. Abdur Rahim and Others, 1989, 18 CLC (AD)

.... available by way of election petition before the Tribunal. In the circumstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ...... available by way of election petition before the Tribunal. In the circumstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ......nt: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Zaker Hossain………………………................................Appellant Vs. Abdur Rahim and Others.....……………………………...Respondents Judgment March 19, 1989. ...... No. 602 of 1988. The writ-petition was contested by another candidate who was respondent No.4 therein taking the ground that the result-sheets submitted by the Presiding-officers were unauthorised documents containing interpolations, etc. The learned Judges of the High Court Division, after heari..

Category: Election Law | Date: | Hits: 152

Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)

....n it was never the case of the plaintiffs that transaction by Ext.A by Izzatulla Chowdhury was an attempt on his part to defraud Tofazzal Hossain. No material was brought on record that at the relevant time i.e. on January 13, 1944 there was any occasion on the part of Izzatulla Chowdhury t......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......: 61 DLR (AD) (2009) 133; ......d property through bargaders, that plaintiff No.2 while staying in the house of Izzatullah Chowdhury as widow of his foster son, Tofazzal Hossain, fraudulently obtained possession of some original documents including the deed dated 25 Falgoon, 1345 B.S. and transferred those documents to her fat..

Category: Property Law | Date: | Hits: 67

Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)

....fusion about the legal position of final assessment to arrive at. 4 As it appears the High Court Division discharged the Rule holding as follows:- “We have perused the relevant provisions of the Town Improvement Act, we find that the relevant provisions have been am......sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ...... Alhaj Sona Ullah……………………….Petitioner Vs. Aminur Rahman, Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others.....Respondents Judgment January 5, 2005. Lawyers Involved: ......sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 33

State Vs. Md. Shahidul Islam @ H. M. Shahid, 2005, 34 CLC (AD)

.... In view of the discussion made above, we do not find any illegality in the impugned judgment and order. The petition having no substance is, therefore, dismissed. Ed. ......na alias Bithi (P. W. 2) on 06.03.2000 at about 6.30 P. M. by calling her from her flat through her friend P. W. 4 Sabeha Yesmin Moli and she was thereafter forced to put her signature on some papers and was taken to the house of the sister of accused respondent Md. Shahidul Islam where......al, instructed by Md. Sajjadul Huq, Advocate- on-Record-For the Petitioner Not Represented-Respondent. Criminal Petition for Leave to Appeal No. 207 of 2003. (From the Judgment and Order dated 03.08.2003 passed by the High Court Division in Jail Appeal No. 368 of 2003) ...... In view of the discussion made above, we do not find any illegality in the impugned judgment and order. The petition having no substance is, therefore, dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 34

Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)

....e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ......ing to the addressee's refusal to accept the same and as such it was returned to the sender. 8. Although Mr. M. I. Faruqui, learned Advocate for the plaintiff-respondent, submits that these papers were not exhibited either at the trial or before the High Court Division and he and his clie......onzur Murshed .............................Appellant Vs Humayun Majid ..............................Respondent Judgment January15, 1995. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-......in this regard a case is pending in the Court. The appellant admitted the tenancy at a rental of Tk.300/- per month but he claimed tenancy before the plaintiff’s claim of ownership on forged documents. The appellant is not a defaulter and he has been paying rent regularly in House Ren..

Category: Property Law | Date: | Hits: 33

Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)

.... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ......intiffs at no point of time had/have title in the land in suit and the plain tiffs also are not in possession of the land in suit, that the plaintiffs grab the land of the Government have created papers by ante-dating the same, that the papers on the basis of which plaintiffs are claiming the la......Amin J Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Jamalpur............................Appellant Vs. Mst. Saleha Khatun and others ................Respondents Judgment July 31, 2006. Result: The appeal is al......t and decree of the appellate Court moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division made the Rule absolute primarily taking the view that the documents i.e. Amalnama, the kabuliyat and the rent receipts on the basis of which plaintiffs are cl..

Category: Property Law | Date: | Hits: 42

Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)

....Bank in favour of respondent No.2 vide its Memo No. BRPD (P) 744 (Ka)/2000-4164 dated 29.11.2000. And respondent No.3 duly transferred the Photostat copy of the said letter of intent along with other relevant papers to the petitioners. The petitioners having been convinced on the effect of the i......avour of respondent No.2 vide its Memo No. BRPD (P) 744 (Ka)/2000-4164 dated 29.11.2000. And respondent No.3 duly transferred the Photostat copy of the said letter of intent along with other relevant papers to the petitioners. The petitioners having been convinced on the effect of the issuance o......ound in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......submitted that the High Court Division committed error in law in deciding highly disputed question of facts without examining any witnesses of either parties but simply basing upon the affidavits and documents filed thereto by the parties which required to be formally and legally proved. The learned..

Category: Banking Law | Date: | Hits: 185

Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)

....No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ......ant possession of the land in question had been delivered to the respondent No.8 of the writ petition (appellant in C.A.No. 62 of 2004) by the respondent No. 5 of the writ petition on 12.10.2000. The papers and documents filed by the writ petitioners were manufactured with malafide intention to grab......………Respondent (Civil Appeal No. 62 of 2004) Wega Fashion Sweater (Pvt.) Ltd. represented by its M.D. Md. Nurul Huda……………………………………Appellant Vs. Director Adjutand of Ansar & V.D.P. having its office at Tikatuly & others ……………………Respo......ion of the land in question had been delivered to the respondent No.8 of the writ petition (appellant in C.A.No. 62 of 2004) by the respondent No. 5 of the writ petition on 12.10.2000. The papers and documents filed by the writ petitioners were manufactured with malafide intention to grab the Govern..

Category: Property Law | Date: | Hits: 91

Sekander Ali Howlader and others Vs. State, 1997, 26 CLC (AD)

.... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ......hdrawn on 4.6.1981. Thereafter in collaboration with accused Yunus Ali and on his identification the said amount was shown distributed amongst farmer members falsely and fraudulently creating some papers and thereby the accused persons conjointly dishonestly and misusing their respective officia......e Division (Criminal) Present: A.T.M. Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sekander Ali Howlader and others.........Accused-Appellant (In Criminal Appeal No. 4 of 1997) ...... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ..

Category: Criminal Law | Date: | Hits: 44

Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)

....iminal Procedure, which is beyond its scope. 8. It may be mentioned that the jurisdiction of exercising the power under Section 561A has been well settled. In this connection a decision relevant in the instant case may be mentioned which has been reported in the case of Abdul Qua......Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ......J Md. Zakir Hossain ..............Petitioner Vs. The State ........................Respondent Judgment November 16, 2005. Lawyers Involved: Subhas Chandra Saha, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner ......Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 55

Foyej Ahmed Vs. State, 2004, 33 CLC (AD)

.... denied by the P.W.1 but the Doctor U.S. Chakma then attached to Dohazari Hospital treated them admitting their names in the Emergency Medical Register of the said Hospital on-3.4.1988 is very much relevant for the purpose of defence for proving the defence case as to the alleged injury due to th...... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ......cted by Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner. Not represented-For the Respondent. Criminal Petition For Lave of Appeal No. 4 of 2004 (From the Judgment and Order dated 22nd October 2003 passed by the High Court Division, in Criminal Revision No. 1185 ...... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ..

Category: Criminal Law | Date: | Hits: 51

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