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Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....he Appellant Gholam Rabbani, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record— For the Respondent. Civil Appeal Nos. 31 & 32 of 1985. (From the judgment and order dated 29.11.1984 passed by the High Court Division, Comilla Bench in Civil Revision Nos. 117 & 118 o......30 DLR (SC) 41. In that case the plaintiff filed some rent receipts in support of his case of settlement of a disputed land. It was observed by this Court: "A private document cannot be taken notice of and marked as an exhibit without any formal proof, unless the requirement of such proof is......ook over its possession. This finding, based on due consideration of evidence, was beyond the scope of the revisional court to interfere with. Executants of the kabala Ext. 1 had no title to the land for transfer to the respondent. Thus both the appeals are allowed and judgement and decree of the Hi..Category: Property Law | Date: | Hits: 38
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
....h, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record— For Respondent Nos. 1-4. Ex part — Respondent No. 5. Civil Appeal No. 73 of 1985. (From the Judgment and order dated 13.2.85 passed by the High Court Division, Dhaka in Civil Order No. 98 of 1985). Judgment......search the appellants came to know definitely on 28.7.81 about the impugned decree. 3. The respondents contested the case by filing a written objection contending, inter alia, that the summons and notices of the suit were duly served upon the appellants. They were aware of the filing of the suit ......al is allowed with costs. The Code of Civil Procedure, 1908 (V of 1908), Order V rule 17 The Civil Rules & Orders Vol. I rr. 69 & 84 (e) The service report not containing essential information about the grounds of refusal to accept the process and names of the persons witnessing the..Category: Procedural Law | Date: | Hits: 116
Azizul Huq @ Azizul Haque and ors. Vs. State, 1990, 19 CLC (AD)
.... the Appellants B. Hossain, Deputy Attorney-General, instructed by AW Mallik, Advocate-on-Record — For the Respondent (State). Criminal Appeal No. 3 of 1987. (From the judgment and order dated 26 October, 1986 passed by the High Court Division, Dhaka, in Criminal Appeal No. 215 of 1986)......he appellants may make a prayer for bail to the High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ......dure, 1898 (V of 1898), section 498 Bail matter After admission of appeal High Court Division having failed to grant bail appellant obtained leave and ad interim bail from the Appellate Division for a limited period with a direction to dispose of the appeal before the High Court Division within..Category: Criminal Law | Date: | Hits: 51
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....enior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-3. Civil Appeal No. 57 of 2000 (From the judgment and order dated May 11 and 12 of 1999 passed by the High Court Division in Writ Petition No.2621 of 1998) ......appellant and the respondent No.1 as there remained nothing to be done among the parties; but surprisingly, the appellant, by Memo dated 17-8-98, without assigning any reason and without any previous notice, withdrew the said letter of intent. 3. The appellant opposed the Rule by filing affidavi......8-1998 issued by the appellant withdrawing the letter of intent dated 3-8-1998. 2. The respondent No.1 filed the above writ petition stating that the appellant floated a tender inviting proposals for supply, installation and maintenance of 100 sets of 160 KVA diesel generators for maintaining un..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....nior Advocate, instructed by Zahirul Islam, Advocate-on-Record—For the Appellant. Ex-parte—The Respondents Civil Appeal No.118 of 1999 (From the judgment and order dated 3-8-1999 passed by the High Court Division in Writ Petition No.2879 of 1999) Judgment:......ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ...... in the ground water did not exceed a particular quantity as noted in the Environment Conservation Rules 1997. 3. In the writ petition it was, inter alia, stated that the writ petitioner, a former Member of the Parliament from Sonargaon area, a former Minister of Social Welfare ..Category: Environmental Law | Date: | Hits: 255
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....n, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Petitioner. Not represented— the Respondents. Civil Review Petition No.101 of 2005 (From the Judgment and Order dated May 15, 2005 passed by the Appellate Division in Civil Appeal No.1 of 1999) Judgment Md......judgment of the Court of Settlement it appears that there was no case of the petitioner before the Court of Settlement that the property in question was listed in the 'Kha' list without serving notice on her. 6. As against the judgment of the Court of Settlement the petitioner moved the Hig......f 1985 and that including of the property in question in the 'Kha’ list and publication of the said list in the Bangladesh Gazette is quite legal. 2. The writ petition was filed challenging the aforementioned judgment of the Court of Settlement. The High Court Division upon making the Rule ab..Category: Property Law | Date: | Hits: 37
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
....e, instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented—The Respondents Civil Review Petition No. 47 of 2005 (From the Judgment and Order dated December 4, 2004 passed by the Appellate Division in Civil Petition for Leave to Appeal No.19......s equally equal to respondent No. 5. 7. We have held in the judgment sought to be reviewed that this claim is not legally sustainable. It may be mentioned the writ-petitioner having had the notice of the Recruitment Rules of 1980 (as amended in 1986) made application seeking appointm....... Not represented—The Respondents Civil Review Petition No. 47 of 2005 (From the Judgment and Order dated December 4, 2004 passed by the Appellate Division in Civil Petition for Leave to Appeal No.1910 of 2002) Judgment: Md..Category: Employment/Service Law | Date: | Hits: 76
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
.... Khatun, Advocate-on-Record—For the Petitioners. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1394 of 2003. (From the judgment and order dated 24th June, 2003 passed by the High Court Division in Civil Revision No. 28 of 2001) Ju......The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ...... Lawyers Involved: Nikhilesh Dutta, Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioners. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1394 of 2003. (From the judgment and order dated 24th June, 2003 pa..Category: Property Law | Date: | Hits: 33
Meghna PET Industries Ltd and others Vs. Md. Mostafa Kamal & others, 2007, 36 CLC (AD)
.... 477 of 2005). Not represented—Respondent Nos. 3-7. (In Civil Petition No. 478 of 2005). Civil Petition for Leave to Appeal Nos. 477-478 of 2005 (From the judgment and order dated 7th & 8th December, 2004 by the High Court Division in Writ Petition Nos. 2173 & 177......faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ......s). Not represented—Respondent Nos. 3-9. (In Civil Petition No. 477 of 2005). Not represented—Respondent Nos. 3-7. (In Civil Petition No. 478 of 2005). Civil Petition for Leave to Appeal Nos. 477-478 of 2005 (From the judgment and order dated 7th & 8th De..Category: Business or Commercial Law | Date: | Hits: 108
Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)
....instructed by Abdur Rab-II, Advocate-on-Record–for the Respondent No. 3. Not Represented- Respondent No. 1. Civil Appeal No. 31 of 1976 (From the Judgment and order dated the 2nd April,1970 passed by the Dacca High Court Writ Petition No. 101 of 1968) ......sions, we are to remember the salient provision of section 39 of the Sea Customs Act. This section has made it an offence, to put it briefly, if any untrue statement made in any declaration, notice certificate or other document lodged with the Customs authority. The section further provide......ik, Advocate-on-Record—For the Appellants. Aminul Haq, Advocates-on-Record For the Respondent No. 2. Altaf Hossain, Advocate instructed by Abdur Rab-II, Advocate-on-Record–for the Respondent No. 3. Not Represented- Respondent No. 1. Civil Appeal No. 31 of 1..Category: Fiscal/Taxation Law | Date: | Hits: 92
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
.... Advocate-on-Record.—For the Petitioner. Not represented—Respondents Civil Petition for special leave to appeal No.160 of 1977 (From the Judgment dated the 31st August, 1976 passed by the High Court in S.A. No. 1126 of 1962) Judgment ...... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ......enior Advocate, with Serajuddin Ahmed, Advocate, instructed by B C. Panday, Advocate-on-Record.—For the Petitioner. Not represented—Respondents Civil Petition for special leave to appeal No.160 of 1977 (From the Judgment dated the 31st August, ..Category: Property Law | Date: | Hits: 34
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
.... Appellants. B. Hossain, Deputy Attorney-General, instructed by Mohammad Ayub, Advocate-on-Record — For the Respondent (State). Criminal Appeal No. 11 of 1989. (From the Judgment and Order dated 9.5.88 passed by the High Court Division, Chittagong Bench, in Death Reference No. 2/87 with C......umstances on record which lend support to truth of the evidence of such a witness, then his evidence can be relied upon. In this case both the Sessions Court and the High Court Division failed to notice that the IO made brazenly an untrue statement, believed by the record, that the Upazila Magis...... Procedure, 1898 (V of 1898), section 164 The Evidence Act,1872 (I of 1872) Sections 157 & 5 The statement of a witness recorded under section 164 of the Code of Criminal Procedure is meant for binding him down to the statement made during investigation and in the case of any glaring incon..Category: Criminal Law | Date: | Hits: 74
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
....i, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Respondent No. 1. Ex parte—Respondent No. 2 (State). Criminal Appeal No. 37 of 1986. (From the Judgment and Order dated 21.7.86 passed by the High Court Division, Dhaka in Criminal Revision No. 29 of 1986). Judg......me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ......-known concept of criminal jurisprudence that a criminal complaint suffers from no law of limitation and that an alleged criminal act will never go untried. This court hold that there is no legal bar for instituting a fresh prosecution on the selfsame facts after a proceeding is stopped and accused ..Category: Criminal Law | Date: | Hits: 46
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
....S. M. Huq. Advocate-on–Record- For the Petitioner. Not represented - Respondents. Civil Petition for special leave to appeal No.199 of 1977 (From the Judgment and Order dated 21-7-1977 passed by the High Court in Writ Petition No. 288 of 1967) Judgment D.C. ....... The learned Judges of the High Court have distinguished the said case on facts and have pointed out that it was held in the said case that the order of suspension having been made without taking notice of the reports in which the officer concerned had been exenerated of the charges brought aga......d: S. R. Pal, Advocate, with Md. Moksodur Rahman, Advocate instructed by S. M. Huq. Advocate-on–Record- For the Petitioner. Not represented - Respondents. Civil Petition for special leave to appeal No.199 of 1977 (From the Judgment and Order dated 21-7-1977 pas..Category: Employment/Service Law | Date: | Hits: 79
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
.... Hossain, Advocate-on-Record—For Respondent Nos. 2 & 4. Not represented—Respondent Nos. 1, 3 & 5. Civil Appeal No.98 of 2002. (From the judgment and order dated June 13, 2000 passed by the High Court Division in Civil Revision No. 1781 of 1990). J......ight having been in the name of Sukhada Sundari and the fact of payment of rent by the defendants who purchased from the aforesaid recorded tenant the High Court Division was in error in not taking notice of the presumptive value of the record of right and thereupon in restoring the judgment and......ers in favour of defendant Nos. 2 and 3 are illegal and void. 2. The suit was filed seeking declaration of title in respect of the land described in schedule 'ka' attached to the plaint and for declaring 4 kabalas described in schedule 'Kha' illegal, fabricated, forged, void, collusive an..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....r. AKM Shahidul Huq, Advocate-on-Record—For Respondent Nos. 1-3. Not represented—Respondent Nos. 4-19. Civil Petition for Leave to Appeal No. 1716 of 2005 (From the Judgment and Order dated March 14, 2005 passed by the High Court Division in Civil Revision No. 2580 of 2000). Judgm......reement for sale and that he left erstwhile East Pakistan in 1962 and was residing permanently in India, that Abdul Barek Bepari obtained the decree in Other Class Suit No. 50 of 1975 without serving notice and upon practicing fraud on the Court, that plaintiffs at no point of time got possession of......volved: Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. AKM Shahidul Huq, Advocate-on-Record—For Respondent Nos. 1-3. Not represented—Respondent Nos. 4-19. Civil Petition for Leave to Appeal No. 1716 of 2005 (From the Judgment and Order dated March 14, 2005 passed by ..Category: Tenancy Law | Date: | Hits: 156
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....ted by Md. Nowab Ali, Advocate-on-Record— For Respondent No. 1. Not represented— Respondent Nos. 2 and 3. Civil Appeal No. 229 of 2003 (From the Judgment and Order dated April 9, 2003 passed by the High Court Division in First Appeal No. 186 of 1999) Judgm......defendant No. 1 requested the plaintiff to register the kabala and although the plaintiff agreed to execute and register the kabala but finally did not act accordingly, that defendants served legal notice on the plaintiff and in reply thereto plaintiff disclosed about the filing of Other Suit No.......36 of 1996 was filed seeking the relief primarily: Bangla………….. 4. It may be mentioned that respondent Nos. 1 and 2 herein filed Other Suit No. 26 of 1990 before the 1st Court of Subordinate Judge, Chittagong and the same was later on renumbered as Other ..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....nstructed by AKM Shahidul Huq, Advocate-on-Record—For Respondent No. 1. Not Represented—Respondent No. 2 Civil Appeal No. 161 of 2002 (From the Judgment and Order dated June 29, 2000 passed by the High Court Division in Civil Revision No.414 of 1988 (Rangpur)/Ci......ord which appears to him in the background of the materials brought before him was incorrect, that as materials were brought on the record of the Miscellaneous Case No.37 of 1981-82 and having had noticed the said materials the Additional Deputy Commissioner found that mutation in the name of th......nbsp; against the plaintiff but he was acquitted, that defendant No.2 filed Title Suit No. 170 of 1980 claiming easement right over the suit laud but the same was dismissed for default, that Bipin Chandra filed Title Suit No. 428 of 1979 impleading the plaintiff but late..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....oy Chowdhury, Assistant Attorney-General, instructed by S.S. Hoda, Advocate–on-Record — For the Respondent. Civil Appeal No. 25 of 1976 ( From the Judgment and Order dated 5-7-73 passed by the High Court Division in Civil Revision Case No. 494 of 1973) Judgm......s plaintiffs on 26-1067 in the first Court of Subordinate Judge, Dacca against Bangladesh, the respondent for declaration of their title to the land in suit and also for declaration that a certain notice, issued by the Member, Board of Revenue, upon the plaintiffs and all subsequent actions......sion, setting aside, in exercise of the powers under section 115 of the Code of Civil Procedure, an order made by the first Court of Subordinate Judge, Dacca rejecting the prayer of the respondent for amendment of the additional written statement filed by the said respondent in a suit instituted..Category: Property Law | Date: | Hits: 36
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....cted by Abdur Rab-II, Advocate-on-Record — For respondent No. 2 Not Represented - Respondent No.1. Civil Appeal No. 112 of 1977 (On Appeal from the Judgment and the Order dated 25.05.77 passed by the High Court in Writ Petition No. 336 of 1977) Judgment Mahmud......nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ...... Judgment Mahmud Husain, CJ— This appeal by Special leave arises out of a judgment passed by a Bench of the High Court in writ jurisdiction summarily rejecting the petition filed for declaring the order dated 9 5-77 passed in Election Tribunal Case No. 6 of 1977 by respond..Category: Election Law | Date: | Hits: 122
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