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BD Oil, Gas and Mineral Cooperation (Petro Bangla) Vs. Nuruzzaman Khan Brothers, 1999, 28 CLC (AD)
....rators and made a rule of the Court by the Subordinate, Judge. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 52. ...... Awarding of interest on the decretal amount of award on appeal whereas no such interest had been determined by the arbitrators and even no such claim of interest was made by the respondent before the court, granting of such interest on the award on appeal is not permissible. …&helli......inate Judge, that we were about to grant leave to examine the question of interest and to correct that part of the impugned judgment and order relating to interest. Mr. Shafique Ahmed has been very fair enough to suggest that instead of going through the process of an appeal, which will be time-c......rators and made a rule of the Court by the Subordinate, Judge. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 52. ..Category: Alternative Dispute Resolution | Date: | Hits: 249
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
.... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ......ul Haq, Advocate-on- Record— For the Petitioner. AKM Nazrul Islam, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent. Civil Petition for Leave to Appeal Criminal Appeal No. 34 of 1997. (From the Judgment and order dated 19-1...... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ......hat stage, the respondent attempted to sell the petitioner’s Mill under article 34 of the BSRS Order, 1972 and published tender notice for sale. On an application filed by the petitioner the trial Court by order dated 7-10-1995 granted temporary injunction in Title Suit No.5 of 1994 restra..Category: Business or Commercial Law | Date: | Hits: 106
Abdur Rouf and others Vs. Jalaluddin and another, 1999, 28 CLC (AD)
....rected by the learned Judges of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 22. ......minal Procedure, 1898 (V of 1898) Section 169 Investigating Officer is not competent to weigh the evidence and judge the credibility of the witnesses. The plea of alibi can be taken before the trial court as defence and the court may consider it if proved. The investigating police o......rected by the learned Judges of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 22. ......cedure, 1898 (V of 1898) Section 169 Investigating Officer is not competent to weigh the evidence and judge the credibility of the witnesses. The plea of alibi can be taken before the trial court as defence and the court may consider it if proved. The investigating police officer ha..Category: Criminal Law | Date: | Hits: 66
Shafi A Chowdhury and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....facts of the present case we do not think that the matter warrants our interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 21. ......hellip;…..Respondent Judgment March 19, 1998. The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, rule 7 When plaintiff obtained possession five years before and after having enjoyed possession thereof for such period, it will be impossible for any sur......facts of the present case we do not think that the matter warrants our interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 21. ...... by a further order dated 15-10-89 he appointed Lima Claims and Survey as the Surveyor. The respondent-Government preferred Civil Revision No. 1203 of 1989 against the aforesaid two orders of the trial Court and as already noticed a Division Bench of the High Court Division made the Rule absolu..Category: Criminal Law | Date: | Hits: 68
Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
.... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ...... Lawyers Involved Abdul Wahab, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioner. Not represented -Respondents Civil Petition for Leave to Appeal No. 1042 of 1997. (From the Judgment and order dated 30th April, 1997 p......was directed to hand over vacant possession of the aforesaid fish selling stalls on July 1st 1990, on the ground that he did not regularly take delivery of fish from the Corporation to sell it at a fair price to the local consumers and as a result the Corporation had decided to run the selling c...... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ..Category: Constitutional Law | Date: | Hits: 158
Abdur Rahman and others Vs. State, 1999, 28 CLC (AD)
....and sentence passed against the appellants are not sustainable in law. Consequently, the appeal is allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 33. ...... Special Tribunal, Dhaka under section 376 of the Penal Code read with section 4(c) of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 and sentenced thereunder to rigorous imprisonment for 10 years and a fine of Taka 5,000.00 each, in default, to suffer rigorous imprisonment for a fu......and sentence passed against the appellants are not sustainable in law. Consequently, the appeal is allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 33. ......eafter took her in a Pajero Jeep and dropped her near Bangla Motor. Police upon investigation submitted chargesheet and eventually the accused- appellants and another (since acquitted) were put on trial and convicted and punished as aforesaid. 4. Prosecution examined 18 witnesses in supp..Category: Criminal Law | Date: | Hits: 76
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
....on Act, 1950 shows that the MR Khatian was prepared in the name of Pasiran Bibi. On consideration of the documentary evidences on record the learned Assistant Judge held that Pasiran Bibi acquired right, title, interest and possession in the suit land by virtue of the pattan before the certifica......ist the plaintiff and his labourers to plough the land and there being positive threat of dispossession from the suit land by any means, the plaintiff had definite cause of action to file the suit for permanent injunction. The learned single judge was not correct in holding that there was no con...... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ......documentary evidences on record disbelieved the auction sale and believed the dakhilas Exts. A-A (3) which show that Pasiran Bibi paid rents of the land to ex-landlord from 1355 BS to 1358 BS. The trial Judge also believed Exts. A (4) to A (6), dakhilas which also show that Pasiran Bibi paid ren..Category: Property Law | Date: | Hits: 52
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....ice, direct a retrial. There may be other extrenuating circumstances which may impel by a court to take lenient view in favour of the accused. But there is no question that the Court has undoubted right to direct a retrial where there has not been a trial in accordance with law. A balance has, h...... 9, 1998. The Code of Criminal Procedure, 1898 (V of 1898) Section 423 When it is found that after full trial there was a mistrial or trial without jurisdiction the court of appeal before directing a fresh trial by an appropriate court should also see whether such direction should ......anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ......p;…………… Respondent Judgment August 9, 1998. The Code of Criminal Procedure, 1898 (V of 1898) Section 423 When it is found that after full trial there was a mistrial or trial without jurisdiction the court of appeal before directing a fre..Category: Criminal Law | Date: | Hits: 83
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....as been decided by majority judgment that the said ground was non-existent on the date of the passing of the detention order. Evidently, this ground was not available to the authority and was thus rightly excluded from consideration while deciding upon the legality of the impugned detention orde......ellip;………………..(41) The Special Powers Act, 1974 (XIV of 1974), Section 2(f), 3(1) (a) By talking to BBC that he would start election campaign for his party soon and that he had no regrets or excuses the detenue committed no crime or illegali......hury J Mostafizur Rahman...........Appellant Vs. Bangladesh, represented by the Secretary Ministry of Home Affairs and another……. Respondents Judgment ......groups, student community and political parties and created adverse effect on them and the All Party Students Union of the Dhaka University assembled near ‘Oporajeo Bangla” and demanded trial of the detenu and expressed their intention to go towards Cantonment and the Dhaka University..Category: Constitutional Law | Date: | Hits: 191
Billal Vs. State, 2000, 29 CLC (AD)
....of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ......, Section 5 The Penal Code, 1860 (XLV of 1860), Sections 302/109 Calling and taking away of the victim by the appellant Billal and co-convict Saiful from his residence half an hour before his murder, subsequent recovery of his deadbody and appellant’s love and threat to PW 2 ......ling and taking away the victim. Thereafter he lodged first information report with Mirpur police station on the same night. Further case of the prosecution is that victim Alamgir Kabir had love affair with PW 2 Mokseda Akhter, daughter of their neighbour Hamayet Uddin Though appellant Billal wa......ed 6 PWs including the informant and the investigating officer Accused Saiful Islam made confessional statement which was recorded by a Magistrate 1st Class consideration of the evidence on record trial Court convicted the appellant under section 302 of the Penal Code and co-accused Saiful Islam..Category: Criminal Law | Date: | Hits: 58
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
....de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ......ant Judge, Bakergonj in Title Suit No. 80 of 1991. 2. Plaintiff-respondent No. 1 Md. Moyenuddin after passing BA (Honours, Examination and appearing in the Masters Examination in Economics for the year 1979 held in 1981 joined on 6-9-8 1 as lecturer in Economics in the Kalashkati Degree ......de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ......ed 8-7- 1997 the appeal was allowed by the Subordinate Judge who heard the same holding that removal of plaintiff from service was hot illegal and, as such, set aside the judgment and decree of the trial Court. Being aggrieved by the same respondent No. 1 moved the High Court Division in Civil R..Category: Others | Date: | Hits: 84
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....Code of Civil Procedure, 1908 (V of 1908), Order XXI, rule 34 The President’s Order No. 88 of 1972 created special forum for restoration of mortgaged property. But it did not take away right of redemption available to a mortgagor by filing a mortgage suit under Order 34 of the Code o......Tenancy Act, 1951 (XXVIII of 1951), Sections 95 & 95A The Code of Civil Procedure, 1908 (V of 1908), Order XXI, rule 34 The President’s Order No. 88 of 1972 created special forum for restoration of mortgaged property. But it did not take away right of redemption available......y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......e of the said Abdul Gafur Mridha. According to the defendants, the deed in question was out and out a deed of sale and hence the suit for redemption of mortgage is not maintainable. 4. The trial Court on consideration of the oral and documentary evidences on record held that the register..Category: Property Law | Date: | Hits: 64
Bisheswar Bhattacharjee Vs. Shantimoy Bhattacharjee and others, 2000, 29 CLC (AD)
....udge refusing to strike out the defence. This petition merits no consideration and is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 124. ......ique, Advocate-on-Record—For the Petitioner Md. Nawab Ali, Advocate-on-Record Respondent Nos. I & 2. Not represented — Respondent Nos. 3-19. Civil Petition for Leave to Appeal No. 263 of 1999. (From the judgment and order dated 24 August 1998 pass......udge refusing to strike out the defence. This petition merits no consideration and is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 124. ......red FMA No. 27 of 1997 to the High Court Division. A learned Single Judge of the High Court Division, by judgment and order dated 24 August 1998, dismissed the appeal and affirmed the order of the trial Court. 4. Leave to appeal has been sought from the said judgment of the High Court D..Category: Procedural Law | Date: | Hits: 97
Abdus Sattar and others Vs. IFIC Bank Ltd., 2000, 29 CLC (AD)
....ns raised for the aforesaid reasons are of no substance. The petition is dismissed with any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 122. ......ellip;…….Respondent Judgment: December 7, 1999. The Artha Rin Adalat Ain, 1990 (IV of 1990), Section 7(2) Bank guarantee can not construe security deposit for preferring an appeal against the decree of Artha Rin Adalat. Lawyers Involve: M......ns raised for the aforesaid reasons are of no substance. The petition is dismissed with any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 122. ......Appeal. 2. The plaintiff-respondent bank filed Title Suit No. 32 of 1994 for realisation of Taka 16,74,548.01 with interest @ 20% per annum from the petitioners. The suit was decreed by the trial Court leading to filing FA Tender No. 83 of 1999 in the High Court Division. An application ..Category: Business or Commercial Law | Date: | Hits: 115
Abdus Samad & ors Vs. Dt. Com. & Custodian of Vested Pty & Non-Res Pty, 2000, 29 CLC (AD)
....from any quarter. After his death the plaintiffs have been possessing the suit pond for over 12 years and thus they have acquired title thereto by way of adverse possession. The defendants have no right, title or possession therein but they had most illegally enlisted this suit property as veste......; August 23, 1999. The Limitation Act, 1908 (IX of 1908), Section 28 Permissive possession for indefinite longer period can not vest title on the possessor or his successor. Such possession ...... the possession of the petitioners who are his heirs could not be better than that of licensees. Permissive possession, however long, cannot bestow title upon the possessor or his successors. It is fairly settled that when possession commences in a permissive character it does not become adverse......ave to appeal from the judgment and order dated 6 May 1999 of the High Court Division in Civil Revision No. 3216 of 1997 whereby, in reversal of the lower appellate Court’s decree that of the trial Court was restored, dismissing the plaintiffs’ suit. 2. The dispute in this cas..Category: Property Law | Date: | Hits: 59
Abdul Hashem (Md) @ Bachchu Fakir and others Vs. State, 2000, 29 CLC (AD)
....n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ......dence on record finding the accused not guilty by the High Court Division placing no reliance upon confessional statement and non examination of the magistrate who held the T I parade are no ground for acquittal. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by M......n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ......nbsp; December 8, 1999. The Evidence Act, 1872 (I of 1872), Section 5 When the sentence passed by the trial court is based on sufficient reliable legal evidence on record finding the accused not guilty..Category: Criminal Law | Date: | Hits: 64
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....ectively an earlier order of the appellant dated 8-1-1994 regarding the pay and allowances of the respondents should not be declared ultra vires, malafide, discriminatory and violative of fundamental rights as guaranteed by the Constitution and to show cause as to why the attempt to treat the Judges......cutive and administrative cadres by Bangladesh Civil Service (Reorganisation) Order 1980 with amendment of 1986 is ultra vires the Constitution……..76(3) Article 115 Necessary steps be taken forthwith for the president to make Rules under Article 115 to implement its provisions which is a c...... law in extinguishing the judicial service. On theory, the Parliament will be free to legislate and the Government will be free to pass an order that members of BCS (Administration) or BCS (Foreign Affairs) will administer the judicial service. Those words therefore cannot ever mean that either the ......as also unmindful of the fundamental right enshrined in Article 35(3) of the Constitution which provides that “Every person accused of a criminal offence shall have the right to a speedy and public trial by an independent and impartial court or tribunal established by law.” Every person means bo..Category: Constitutional Law | Date: | Hits: 829
Badsha Mia & Others Vs. Abdul Kader and Others, 2000, 29 CLC (AD)
....t of either for an existence or validity can not be obtained in a suit like the present one and such remedy can be had by filing an application under section 33 of the Act. The learned Single Judge rightly held that no suit for declaration that the arbitral award was void can be filed without rec......999. The Arbitration Act, 1940 (X of 1940), Sections 32 & 33 Without having recourse to section 33 no declaration that an arbitration agreement or an award or the effect of either for an existence or validity thereof can not be obtained in a suit. No suit for declaring an arbitr...... infirmity in the decision of the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 79. ......by the learned Munsif Cox’s Bazar. 3. The suit was dismissed on contest. The plaintiffs’ Other Class Appeal No. 377 of 1983/122/85 (Cox’s Bazar) against the decree of the trial Court was allowed by the lower Appellate Court leading to filing a revisional application by ..Category: Civil Law | Date: | Hits: 104
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....nancial institution the legislature purposely committed to attach any condition precedent to the filing of an application under Order 9, rule 9 of the Code of Civil Procedure, which is the absolute right of the financial institution. 7. In these circumstances, my considered view is that ......om the specific mention of the Code in sub-section (5) of section 5 of the Ain it is clear that the provision of Order 9 rule 9 of the Code may be followed by the plaintiff financial institution before the Artha Rin Adalat for setting aside an ex parte order of dismissal of the suit for default.......pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ......Artha Rin Adalat Ain, 1990 with a judicial officer as presiding officer for adjudication of claim loan by the financial institutions which include banks. No special procedure has been provided for trial of Artha Rin suits under the said Ain. But to expedite disposal of those suits certain provis..Category: Business or Commercial Law | Date: | Hits: 104
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....It will be inhuman to keep the minor victim girl in the jail custody indefinitely and her welfare demands that she should be allowed to come out of unwholesome environment of a prison house. It is right and proper that the victim girl should stay with her parents rather than to give her to the f......erdous from safe custody in the District Jail Narayangonj saying “she may go anywhere likes.” 2. Facts of the case, briefly, are that the appellant Jharna Rani Saha, as informant lodge written ejahar with Sadar Police Station Distill Narayangonj on 12-8-97 implicating a......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......ons Judge or the Special Tribunal may be directed to decide the question of custody upon ascertaining the opinion of the girl also, or the girl may remain in the same custody where she is, pending trial, because, otherwise the accused may be prejudiced in the trial. 16. The learned Advo..Category: Criminal Law | Date: | Hits: 48
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