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Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....application and made the Rule absolute. 11. We have already found that Annexure-Q-1 is a note of the note sheet at serial No.140 written by a subordinate officer to be placed before the proper authority for approval. The Note Sheet shows that this note was not ultimately approved......, 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) ...... No. 1672 of 1995 making the Rule absolute. 2. The writ petition was filed by Mr. M. Habibullah Bahar, the main Sponsor/ Chairman of Sundarban Bank International Ltd. (Proposed) challenging legality of the Memo No. BCD (P) 744/20-2074/91 dated 22nd December 1999, of the Bangladesh Bank (A..Category: Banking Law | Date: | Hits: 124
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....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......urt Division declared the retirement of the writ petitioner Capt. (Retd.) Syed Abu Nasser Muhammad Okba issued by the Joint Secretary, Ministry of Civil Aviation and Tourism (Annexure-L) as illegal and without lawful authority with a further direction to the appellants to reinstate the writ..Category: Employment/Service Law | Date: | Hits: 103
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....ng the material allegations made in the plaint and stating, inter alia, that Zeon Bibi while owning and possessing the land her son Awlad Hossain died and as such Awlad Hossain did not inherit any property from Zeon Bibi and consequent thereupon Awlad Hossain's son Taleb Hossain and Monir Hossai......d without costs. Ed. ......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. ..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....n the plaint then this is a matter of evidence. It is absolutely premature to hold at this stage that the plaint was not signed by a duly authorized person………(11 & 15) If a plaint is not properly signed or verified or presented the Court has always got the discretion to allow the plaint......rted in: 42 DLR (AD) (1990) 244. ......n validated nor does it contain Bangladesh stamps as required under section 18 (1) of the Stamp Act. Mr. Sirajul Huq cannot be taken to have filed any plaint on behalf of the plaintiff. He cannot legally prosecute the case. The notice under section 106 of the Transfer of Property Act is bad. T..Category: Property Law | Date: | Hits: 118
Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....s already noticed, the High Court Division refused to quash the proceeding pending against the appellants by the impugned order. Leave was granted to consider whether the High Court Division took a proper view of the facts and law involved in the case in rejecting the prayer for quashing of the pr......d. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ......il court. For the reasons stated above, the appeal is allowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ..Category: Criminal Law | Date: | Hits: 59
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....1977. Thereafter, in pursuance of the said decree, Money Execution Case No.7 of 1978 was filed by the decree-holder (House Building Finance Corporation) and in the said Execution case the mortgaged property (suit property) was sold in auction on 30.4.1985 by the District Judge, Dhaka at a price of......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......87 in the 3rd Court of Subordinate Judge, Dhaka. There were three main prayers of the plaintiffs in the said suit which are as follows: (a) that a decree declaring that the plaintiffs are the sole legal heirs and successors of late MA Naser and as such they are the sixteen annas owners of the sui..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
....t he stated that by his registered reply dated 22.11.73 he clearly stated that there was nothing anywhere in any manner as to the involvement of defendant No.1 in the mailer of agreeing to sell her properly or to take earnest money. He suited that the appellant approached him on a number of occa...... 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......endant No.2 did not offer to return the earnest money to the appellant at the earliest available opportunity, but did so nearly 12 weeks after 1.9.73, and that also after receipt of the appellant's legal notice. The trial Court, he submits, has duly considered the attendant circumstances surroundi..Category: Property Law | Date: | Hits: 50
State Vs. Mofizuddin and other, 2005, 34 CLC (AD)
....riod permitted by law. The High Court Division has rightly held that the confessional statement of accused Mafizuddin is not true and voluntary. 10. In our view, the High Court Division upon proper and correct assessment of the materials on record arrived at a correct decision and there is......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 ......High Court Division on consideration of the materials on record found that it is case of no evidence and the judgment and order of the conviction and sentence of accused Mofizuddin is not based on legal evidence. The High Court Division further held that the accused Mafizuddin in his confessiona..Category: Criminal Law | Date: | Hits: 40
Abul Khair Vs. State, 2005, 34 CLC (AD)
....learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ...... of 2003 Judgment: Md. Tafazzul Islam J.- This appeal by leave is against the judgment and order dated 10.12.2002 passed by a Division Bench of the High Court Division in Criminal Appea......e of P.Ws. 2-6 during retrial on second occasion, accused Imam Hossain can have no liability for offence under section 302/109 of the Penal Code and in the above context trial court had no reliable legal evidence to find accused Imam Hossain liable for offence under section 302/109 of the Penal C..Category: Criminal Law | Date: | Hits: 52
National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)
.... 1995-96, 1996-97 and 1997-98 under the self assessment scheme under section 83(A) of the Income Tax Ordinance, 1984 and paid tax as per statement. The petitioner asserted that he transferred some property in the year 1992-93 and 1993-94 by registered sale deeds for Tk.25,000/- on 2.3.92 and som......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......ition) and finally revised demand notice (Annexure-G series to the writ petition) served upon the writ petitioner by the writ-respondent No.4 to have been made without lawful authority and is of no legal effect and further directed the Taxes Settlement Commission (writ- respondent No.2) to hear t..Category: Fiscal/Taxation Law | Date: | Hits: 72
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....fs Ordinance, 1962 (the Ordinance) for evicting the writ-petitioners from the respective shops, taken lease by the written agreement from the Mutawalli, treating them as trespassers in respect of the property of Mowlana Abdur Rashid Waqf Estate and to over possession of the property to the official ...... 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......ouse Rent Control Act, 1991 (Act No. 3 of 1991), (the Act), the action of the Administrator of Waqfs for evicting the writ-petitioners from their respective shops is illegal and without lawful authority. 4. The Rule was opposed by the respondent No. 5, Mutawalli o..Category: Trust/Waqf Law | Date: | Hits: 228
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....on and the suit land was wrongly recorded in the names of defendant No. 1 and his mother Gafuran Nessa. Their further case is that Gafuran Nessa and her heirs have no title and possession in the suit property. The wrong recording of the suit land in the name of defendant No. 1 clouded the title of t......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.......High Court Division has nowhere found that the finding of the appellate 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 ..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
.... Judge, (now Joint District Judge), Dhaka passed in Title Suit No. 396 of 1976 decreeing the same. The suit was filed on September 3, 1976. 2. The suit was filed seeking reliefs (a) title to the "property described in the schedule-A attached to the plaint, (b) a decree for khas possession in res......disprove plaintiff’s case. ......as described in schedule 'C' are forged, null and void, fabricated and the deeds executed and registered by Ali Ahmed Khandker and Wali Mohammad Siddiqui in favour of the defendant Nos. 1 and 2 are illegal, void and not binding upon the plaintiff (the last relief Was inserted in pursuant to the orde..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
....er the plaintiffs are entitled to any legal character or to legal right to the distributorship for obtaining a decree for declaratory relief in respect of their title to such character or right to property. Reference may be held to the case reported in the case of M.A. Naser Vs. Chairman, Pakist......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 ......g subsistence of the contracts/appointments/agreements with the plaintiffs who are sole distributors, sole indentures and exclusive importers of Birla Tyres and other materials for Bangladesh are illegal, malafide, void, without jurisdiction and a nullity and for a decree of permanent injunction..Category: Business or Commercial Law | Date: | Hits: 100
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....No. 4 of 1996 decreeing the suit. 2.The plaintiff respondent No.1 instituted the aforesaid suit for declaration of his title and interest in the suit land stating, inter alia, that the suit property belonged to Messers Kaknorak Company which used to deal in Jute and in the matter of cons......missed. Ed. ......e by the plaintiff respondent and as such there being gross violation of mandatory provision of section 80 of the Code, the trial court as well as the court of appeal below committed illegality in not dismissing the suit. 7. In support of the appeal Mr. Abdur Razzake Kh..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 ...... 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......artment made comment in a Audit Report that the petitioner took salary from both the police department as well as from the said school since 9.6.84 to 31.07.91 without any authorization which is illegal and the excess money should be refunded and that on 11.1.1991 he filed an application to the ..Category: Employment/Service Law | Date: | Hits: 82
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....es of the Bank provided the conditions mentioned in the opening clauses of the respective Articles are satisfied. The management and administration of the industrial concern may be taken over and the property pledged/ mortgaged may be sold for realisation of the claims and dues of the Bank both unde......CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J New Ideal Engineering Works Ltd………………………………….…....Petitioner Vs. Bangladesh Shilpa Bank and others.....................................Respondents Judgment May 21, 1990. Result: ......imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ..Category: Banking Law | Date: | Hits: 117
B. D. Habibullah Vs. Election Commission and others, 1989, 18 CLC (AD)
....ed order was the order that emanated from the Election Commission as such. In the result, this petition is, therefore, dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218.......Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J B. D. Habibullah..................………………………………..... Petitioner Vs. Election Commission and others.................................Respondents Judgment June 11, 1989. Result: ......or Leave to Appeal No. 258 of 1989. Judgment Badrul Haider Chowdhury J. - In this petition for leave the only question is whether the order of the Election Commission could be termed as of no legal effect as it suffers from malice and being coram non judice. 2. There was election on 10.2...Category: Election Law | Date: | Hits: 146
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
....d 15-10-85 (Annexure—'E') as per decisions contained in Memo No.6501/3/ML/2/ E/147 dated 1.11.86 (Annexure 'H') or such other or further order or orders passed as to this Court may seem fit and proper." 4. In the Affidavit-in-opposition filed on behalf of petitioner No.1 in the said writ ...... 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)
..... 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......law regarding admissibility of evidence admitted some documents in evidence for which the judgment of the tribunal should be declared to have been passed without any lawful authority and as of no legal effect. (ii) that in exercise of jurisdiction under Article 102 of the Constitution, the Hi..Category: Election Law | Date: | Hits: 102
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