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Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)
....interest of the nation and the public generally and be guided by such general or special instructions as may be given to it by the Government from time to time. He further submits that at the relevant time the post of secretary of the TCB was vacant and the Deputy Secretary (Administration)......te appearing for the appellant and Mr. T. M. Khan, the learned Counsel for the respondent No. 1 in all the appeals and perused the judgment of the High Court Division and other connected papers. 7. Dr. Ali submits that under Order 6(2) of the Trading Corporation of Bangladesh Or......ed by A. S. M. Khalequzzaman, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent Nos. 2-5 (in all the cases) Civil Appeal Nos. 56-86 of 2005 (From the Judgment and order dated 12,04.2004 passed by the High Court Division in Writ Petition Nos. 4919, 4920, 4921......ty in the impugned orders. The High Court Division, therefore, was not justified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 80
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ...... Deputy Attorney General, instructed by Md. Ataur Rahman Khan, Advocate-on- Record-For the Respondents (In Crl. A. No. 15-16/2001) Criminal Appeal No. 14-16 of 2001 (From the Judgment and Order dated 9th December, 1998 passed by the High Court Division in Death Reference No. 22 of ......tigation P.W.10 the Investigation Officer submitted charge sheet on 22.01.1992 in which also P.O. has been specified and declared to be the said house No. 101/1 and no other place. So in all these documents, the first information report dying statement and the charge sheet the P.O. and manner of..Category: Criminal Law | Date: | Hits: 25
Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
.... A. S. I. Nuruzzaman as P.W 5 deposed that on completion of the investigation he found a prima facie case and accordingly submitted charge sheet against the accused petitioners and he produced the relevant documents as per requirement of law, which were marked as exhibits. The High Court Divisio...... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ......awyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Respondent-Respondent. Criminal Petition for Leave to Appeal No. 142 of 2003 (From Judgment and Order dated 22nd January, 2002 passed by the High Court Division in Criminal Appeal No. 557 of...... Nuruzzaman as P.W 5 deposed that on completion of the investigation he found a prima facie case and accordingly submitted charge sheet against the accused petitioners and he produced the relevant documents as per requirement of law, which were marked as exhibits. The High Court Division on peru..Category: Criminal Law | Date: | Hits: 29
BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)
....risdiction vested in it under the writ jurisdiction in creating the new post of professor ship in the Department of Architecture of the University which was not in existence at the relevant time and thereby also prejudicing the seniority of other professors of other Departments o......el for the appellants and Khandakar Mahbubuddin Ahmed (with Mr.S.M. Munir) the learned Counsels for the respondent No.1 and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that the writ petitioner respondent No.1 joined in the De...... Appellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Bangladesh University of Engineering & Technology and others.........Appellants vs Dr. Nizamuddin & others……&hel...... a disputed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 87
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ......d, the learned Counsel for the appellant and Mr. Md. Nawab Ali, the learned Advocate-on-Record for the respondent Nos. 1 and perused the judgment of the High Court Division and other connected papers. 6. It is not disputed that the suit land belonged to defendant No. 2. The case of th....... Ed. ......rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ...... (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J The Government of the Peoples Republic of Bangladesh, represented by the Deputy Commissioner, Sylhet and others..........................Appellants. vs Sree Subas Chandra Sarker being de......inistry of Housing and Public Works and another Vs. Shirely Anny Ansari reported in 52 DLR(AD) 180 wherein it has been held "The production of the original deed of gift by the donee and other documents such as mutation paper, municipal record would have indicate that the same has been acted..Category: Property Law | Date: | Hits: 43
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and others, 2006, 35 CLC (AD)
....n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......been filed to show 5 decimals of land was settled in favour of Refatullah, that the dakhilas Exts. C-C(2) filed to prove the case of settlement from Taresh Haider are concocted and fabricated papers, that Ext. B i.e. the kabala by which rent receiving interest was sold is in respect of plot......0/- Ed. ......lacing reliance on the Ext. B and B (8) i.e. kabalas by Kuran Mondal's son Taresh Haider selling the rent receiving interest on 15.2.1943 and 28.4.1943 infavour of one Maniruddin held that those 2 documents 'are sufficient' to prove the surrender of the suit land by Jairuddin to Kuran Mondal. Th..Category: Property Law | Date: | Hits: 35
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
....e same is not abandoned properly without a prayer for declaration of title was not maintainable. He lastly submits that it was the duly of the plaintiffs father before purchase to inquire from the relevant authorities as to whether the property has any encumbrance or whether the proposed vendor ......heard Mr. A. J. Mohammad Ali, the learned Additional Attorney General for the appellant and Mr. Shafiq Ahmed, the learned Counsel for the respondent and the High Court Division and other connected papers. 6. It is not disputed that the suit property was allotted to Abdul Jalil as refugee ...... (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J The Government of Bangladesh, represented by the Secretary, Ministry of Republic Works and Urban Development…………………….........Appell......ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 34
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
.... Director", wherever occurring, the words and comma "Chairman, Managing Director" shall be substituted. 10. The learned Advocate for the respondent could not show that at the relevant time the post of Chairman was filled up and his duty/ job was defined or the duties / func......man, the learned Counsel for the appellant and A.K.M. Abdul Hakim, the learned Counsel for the respondent No.1 and perused the judgment of the Administrative Appellate Tribunal and other connected papers. 7. The vital point for consideration in this appeal is whether the Managing Director......ivil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Bangladesh Krishi Bank…….......Appellant Vs A.F.M. Farid Uddin and others .........Respondents Judgement: May 19, 2004. Lawyers Involved: ......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 90
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ......n and scrutiny the pattani dakhilas found the same to be of recent origin and those were written by the same hand in one sitting and those were not executed by Basanta and those were created on old papers. The court of appeal below further held that most of the dakhilas have been soaked by water ......llowed without any order as to costs. Ed. ......d at by the lower appellate court that the pattani settlement taken by the plaintiffs on the basis of Ext.1 series and payment of rent on the basis of dakhilas are collusive, forged and fabricated documents created for the purpose of the suit and therefore that the High Court Division committed ..Category: Property Law | Date: | Hits: 37
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
....t. The learned Counsel for the defendant-appellants submitted that the instant suit is haired and cited some decisions in support thereof, but the Division Bench did not find those decisions to be relevant. In deciding the appeal the only ground was as to whether the plaint was legally returned ......, the learned Additional Attorney General for the appellants and A.B. Taz Mohammad, the learned Advocate for the respondents and perused the judgment of the High Court Division and other connected papers. 6. It is undisputed that the respondents are persons in the service of the Republic ...... Judgment: M. M. Ruhul Amin J .- This appeal by leave is directed against the judgment and order dated 21.08.1996 passed by a Division Bench of the High Court Division in First Miscellan...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 76
Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)
....into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ......ion for passport as regard his wife was seriously questioned. It is also seen from the materials on record that the said fact was brought to the notice of the respondent and he was asked to submit papers to substantiate his claim that he has divorced his first wife Hasna Pervin and that married ......nd). Ed. ......into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ..Category: Administrative Law | Date: | Hits: 123
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
.... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ......erty paid enhanced rent of Tk. 16457- per month from 4.9.1983. The Government on 4.9.1983 decided to sell the abandoned house to the lawful allottees. The decision was published in the national newspapers and the Government constituted a Valuation Committee. The Valuation Committee valued the su...... Fazlul Karim J Md. Tafazzul Islam J Government of Bangladesh & Ors……...Appellants vs A. S. M. Firoj Uddin Bhuiyan being dead his heirs Mrs Rosey Firoz and others……... ........Respondents Judgement February 10, 2004. ......Dhaka in Title Suit No. 68 of 1985. 2. The predecessors of the respondents as the plaintiff filed the suit for decree, inter alia, that the defendants were legally bound to execute necessary documents relating to the suit property in favour of the plaintiff after accepting the price fixed ..Category: Property Law | Date: | Hits: 41
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ....... AJ. Mohammad Ali, the learned Counsel for the appellants and Mr. Shahid Ahmed, the learned Counsel for the respondent No.1 and perused the judgment of the High Court Division and other connected papers. 6. The plaintiff’s case is that he entered into an agreement with Shibnath Gli...... Appellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Moksed Ali Mondal being dead his heirs Md. Abdul Mannan and others...Appellants. Vs. Abdus Samad Mondal and others………&he......n in the agreement of exchange. The defendant Nos.1-4 did not perform their part of the contract by executing a deed of exchange. In the meantime the other defendants have created false documents in respect of the ‘Kha’ schedule properties and dispossessed the plaintiff t..Category: Property Law | Date: | Hits: 32
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
.... possession of the suit land. 4. Leave was granted to consider the submissions that the lower appellate court being the final court of fact having itself after thoroughly considering all the relevant documents of the parties and the oral evidence on record of six plaintiff's witnesses and f......k away Aosh paddy grown by him from the suit land. 7. It appears that the plaintiff in order to prove the case of pattan have produced Exts.7, 7(a),7(b) and the trial court considered these papers and came to the conclusion that these are quite sufficient to prove the plaintiffs story of ......ourt of appeal below are restored. Ed. ......on of the suit land. 4. Leave was granted to consider the submissions that the lower appellate court being the final court of fact having itself after thoroughly considering all the relevant documents of the parties and the oral evidence on record of six plaintiff's witnesses and four defen..Category: Property Law | Date: | Hits: 34
M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
....ff notice on 26.9.87 on the ground of shortage of raw materials and chemicals, but there is no cogent evidence before the Labour Court to hold that the notice was duly issued under the relevant provisions of law and there was no lawful and valid notice in support of the case of the r......esign from the membership of the said Labour Union, it could not be said that the Labour Union became non-existent. The Labour Court after hearing the parties and considering the exhibits and other papers and documents, by judgment and order dated 17.8.91, allowed the case and permitted the respo......1988 is allowed. Ed. ......the membership of the said Labour Union, it could not be said that the Labour Union became non-existent. The Labour Court after hearing the parties and considering the exhibits and other papers and documents, by judgment and order dated 17.8.91, allowed the case and permitted the respondent No.3..Category: Labour and Industrial Law | Date: | Hits: 131
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
....has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ...... It may be mentioned the defendant No.3 and 4 being the allottee acknowledged the receipt of the Demand Draft and gave an undertaking to deposit in the bank letter of allotment and other connected papers. It appears that the said papers were deposited with the bank along with a letter of authori...... Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzal Islam J Sonali Bank..................................Appellant Vs Md. Sirajul Hoque Chowdhury and others…………….........Respondents Judgement June ......e Bank by its sanction letter dated 16.7.1995 allowed loan of Tk. 5,00,000/- by way of Cash-Credit (hypothecation) and Tk.30,00,000/- by way of Cash-Credit (pledge) and the loanees executed charge-documents in favour of the Bank, that proprietors (defendant Nos. 3 and 4) of M/s. Chowdhury Tradin..Category: Banking Law | Date: | Hits: 129
Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)
....gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ......decessor never took pattan of the suit land from the ex-landlord. Taking advantage of the absence of original land Lord, the plaintiff's predecessors in interest created some antedated and fabricated papers in order to grab the property and plaintiff's or their predecessor had no possession in the s......ate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangladesh………....Appellant Vs. Hasrat Mohani and others............Respondents Judgement June 21, 2005. Case Referred to- Abdul Kader......gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 156
University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)
.... writ-petitioner's answer script of the 13th paper, namely, Administrative Law of the Examination of LL.B (Hon's) Part-IV of the year, 1999, examination held in the year 2000 in accordance with the relevant provisions for re-examination within the period of two months from the date of receipt of......hat the writ-petitioner, a student of the University of Rajshahi, passed LL.B (Hon's) Examination obtaining 2nd Class 1st position upon securing 59.44% marks but he got only 32 marks in one of the papers, the 13th paper namely the Administrative Law. In that state of the matter he filed an appli...... Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J University of Rajshahi, represented by the Vice Chancellor............Petitioner Vs Md. Abdul Mannan Bhuiyan and others.......Respondents Judgement June 13, 2005. Cases Referred to- ......have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ..Category: Civil Law | Date: | Hits: 97
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....of the Evidence Act and consequently as the judgments of the suit and the appeal cannot “Considered as a conclusive proof of the fact they stated and as such they were also not Acceptable as relevant evidence under Section 42 of the Evidence Act" and consequently findings and decision......well as was a relevant fact. The learned Counsel lastly submitted that the High Court Division was in error in holding that though the appellate Court entertained doubt as to the genuineness of the papers on the basis whereof plaintiff claiming the right, title and interest and the suit but stil......rt Appellate Division (Civil) Present: Md. Ruhul Amin J K. M. Hassan J Robert Pinaru....................Appellant Vs. Moulana Habibur Rahman and others…….....Respondents Judgment April 7, 2003. Cases Referr......of 1979 respectively) considering them as the good piece of evidence in support of the claim of title of the plaintiff and that appellate Court having had expressed view doubting genuineness of the documents on the basis of which plaintiff claiming title was in error in decreeing the suit basing ..Category: Property Law | Date: | Hits: 48
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