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Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)

....ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ......received the said Taka 6,00,000.00 against 29th and 46th bills after full satisfaction of the claim by putting his signature thereon. So, the plaintiff received 6,00,000 plus earlier 30,00,000.00 and accordingly, he could not have any claim on this count also. 9. With regard to the claim on the d......Court High Court Division (Civil Appellate Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdur Rashid J Bangladesh Water Development Board...........Appellant Vs. Contractor, Manu Barrage……….Respondent Judgment October 30, 2000. Result: The Appeal is ......nged the decree passed on the interest calculated by the plaintiff inasmuch as the plaintiff does not have any such right to add interest on the amount claimed in the suit till decision by a court of law. He also submitted that suit was barred by limitation. 14. Mr. Moksudur Rahman, the learned S..

Category: Civil Law | Date: | Hits: 132

Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)

....t serving any notice to the plaintiff respondents or giving any chance of hearing to the plaintiff respondents depriving them from their legal right of hearing which has occasioned serious failure of justice. He further submits that the learned Court after considering all the facts, circumstances, t......XLI of the Code provides that: "11. (1) The Appellate Court, after sending for the record if it thinks fit so to do, and after fixing a day for hearing the appellant or his pleader and hearing him accordingly if he appears on that day, may dismiss the appeal without sending notice to the Court fr...... Rule is directed against an order passed by District Judge, Faridpur on 17-11-97 in Miscellaneous Appeal No.94 of 1997 allowing the appeal on the date of admission hearing without serving any notice to the plaintiff-respondents setting aside the judgment and order passed by the Subordinate Judge. S......f the matter allowed the appeal on the date fixed for admission of the appeal without giving any chance to the plaintiff to contest the appeal which is absolutely illegal and against the provision of law in this regard occasioning serious failure of justice and liable to be set aside. 10. None ap..

Category: Procedural Law | Date: | Hits: 81

Abdul Kader @ Kada and others Vs. State, 2010, 39 CLC (AD)

.... by the language as above. Thus, the forward requisite is that the order under review suffers from an error apparent on the face of the order and possessing the same to stand would lead to failure of justice. A review application cannot be allowed to be an appeal in disguise. In view of the abo......e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 531. ...... Lawyers Involved: Dr. Rabeya Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented-the Respondent. Criminal Review Petition for Leave to Appeal No.18 of 2007. (From the judgment and order dated the 20th and 21st day of August, 2007...... Division is erroneous, that reasons assigned by the High Court Division in acquitting the respondents are mere surmises and conjectures and as such the order of the acquittal is not sustainable in law, that considering the time and place of occurrence at dead of night inside the hut corroboration..

Category: Criminal Law | Date: | Hits: 57

Fazar Ali Vs. Mizanur Rahman and another, 2010, 39 CLC (AD)

....with the concurrent findings of fact. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 518.......e matter, the High Court Division had committed no error of law in not interfering with the concurrent findings of fact. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 518.......d-For the Petitioner. Jamiruddin Sirker, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For Respondent No. 1. Not represented-For Respondent No.2. Civil Petition for Leave to Appeal No. 1340 of 2009. (From the judgment and order dated 28.5.2009 passed by the High Court......ent for sale as genuine one. He further submitted that in view of the admitted fact that the agreement was all along in the possession of the plaintiff, the High Court Division committed error of law in not holding that the appellate court below wrongly placed the onus upon the defendant for con..

Category: Property Law | Date: | Hits: 23

Most. Selina Banu Bewa and others Vs. Most. Jamila khatun and another, 2009, 38 CLC (AD)

....oper consideration of the materials on record arrived at a correct decision and accordingly no interference call for. The petition is dismissed. This Case is also Reported in: VII ADC (2010) 516.......for the defendant petitioner during hearing drawing the attention of the Court to the deposition of the D.Ws. submitted that by partition more land then she deserved was give to the plaintiff and accordingly the partition deed was not illegal but the present suit, being not a suit for partition,......��……......Respondents Judgment July 21, 2009. Lawyers Involved: Majibar Rahman, Advocate-on-Record-For the petitioners. Not represented-the Respondent. Civil Petition for Leave to Appeal No.1341 of 2008. (From the judgment and order dated 3.3.2008 passed by the High Court D...... executed and registered in the absence of any independent advise and accordingly the provision of section 16 of the Contract Act, being not complied, the deeds were not valid documents in the eye of law. We are of the view that the High Court Division on proper consideration of the materials on ..

Category: Property Law | Date: | Hits: 26

Most. Sajeya Begum and others Vs. Md. Shahidul and others, 2010, 39 CLC (AD)

....onsider that the suit was filed alleging possession in the suit land through Court hence the decree for khas possession without alleging dispossession is a mistake of law occasioning failure of justice. The learned Counsel further submitted that the High Court Division failed to consider that ......udgment an order dated 25.10.2008 passed by the High Court Division in Civil Revision No.6169 of 1991 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 505.......0. Lawyers Involved: Abdul Quayum, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 78 of 2009. (From the judgment and order dated the 26th day of October, 2008 passed...... Court Division failed to consider that the suit was filed alleging possession in the suit land through Court hence the decree for khas possession without alleging dispossession is a mistake of law occasioning failure of justice. The learned Counsel further submitted that the High Court Divisi..

Category: Property Law | Date: | Hits: 23

Md. Abu Zafar Shahid and others Vs. Mrs. Joinab Begum and others, 2009, 38 CLC (AD)

.... on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 499.......e points raised. The High Court Division upon correct assessment of the materials on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 499.......tioners. Syed Amirul Islam, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record- For Respondent No.9. Not Represented-For Respondent Nos. 1-8, 10-33. Civil Petition for Leave to Appeal No. 429 of 2009. (From the judgment and order dated 25.11.2008 passed by the High Court......008. Hence this civil petition for leave to appeal by the petitioners. 5. Mr. Kh. Mahbubuddin Ahmed, the learned Senior Advocate for the petitioners submits that the High Court Division erred in law in passing the impugned judgment and order by discharging the rule with costs, hence the impug..

Category: Property Law | Date: | Hits: 17

Ebrahim Steel Re-Rolling Industries (Pvt.) Limited Vs. Bangladesh and others, 2010, 39 CLC (AD)

....we find no substance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 495. ......we find no substance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 495. ......………......Respondents Judgment February 11, 2010. Lawyers Involved: B. Hossain, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No.62 of 2009. (From the judgment and order dated the 20th day of August, 2008 passed b......�ization. The Ministry of Finance by its letter dated 11.03.1999 recommended waiver of 100% penal interest and 100% unpaid simple interest. That the said recommendation though has got no force of law the Sonali Bank resolved to allow remission of unpaid simple interest and penal interest accrued..

Category: Banking Law | Date: | Hits: 95

Charupado Mondol and others Vs. Chinmay Bachar and others, 2009, 38 CLC (AD)

....judicata in the instant suit, and the trial Court, if the question is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ......er alia, that the statements of the plaint are false and concocted and barred by principles of res judicata. The suit property was acquired by Kali Charan in 23 share and Shyam Mondal in 13 share and accordingly, the C.S. Khatian was prepared. It was asserted that this property never belonged to A......�.....Respondents Judgment July 5, 2009. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1179 of 2008. (From the judgment and order dated 25.09.2007 passed by the High Cour......the transfer was found as good and valid but the High Court Division committed an error in allowing the petition for amendment of the plaint without considering that the said prayer is barred under law. He submits that the patta was adjudicated in the Title Suit No.384 of 1968, F.A. No.338 of 1970..

Category: Procedural Law | Date: | Hits: 95

Jalalabad Co-operative Housing Society Ltd. and another Vs. Mosammat Roushan Jahan and others, 2010, 39 CLC (AD)

....of their deeds and in the absence of original deeds, they may be afforded an opportunity to examine them and accordingly, the suit may be remanded to the trial Court for fresh hearing for ends of justice. Learned Advocate further submits that the defendant No.6 has already allotted lands to diff......respondents argues that since the defendants have not examined the attesting witnesses of their deeds and in the absence of original deeds, they may be afforded an opportunity to examine them and accordingly, the suit may be remanded to the trial Court for fresh hearing for ends of justice. Le...... Kamal-ul-Alam, Senior Advocate, instructed by Md. Toufique Hossain, Advocate-on-Record-For Respondent Nos. 1-3, 5, 7-9. Not represented-Respondent Nos. 4, 6, 10-26. Civil Petition for Leave to Appeal No. 888 of 2009. (From the judgment and decree dated 23.02.2009 passed by the High Cour......sion of the defendant's was found and confirmed through an enquiry held on 19.02.1985, resulting dismissal of the appeal and that the defendant lost the original sale deed from the chamber of the lawyer. 5. The learned Subordinate Judge decided the case reframing the issues as under: ১�..

Category: Property Law | Date: | Hits: 38

Md. Abdul Kader Vs. Bangladesh Road Transport Corporation, 2010, 39 CLC (AD)

.... in respect of driving which had been clearly stated before the enquiry officer as such the labour court has acted with lawful authority allowed the case to the effect that the principle of natural justice has been denied to the petitioner while dismissing him from service inasmuch as the petition......ay. Security of Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 481.......cord-For the Petitioner. Badruddoza, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2 & 3. Civil Petition for Leave to Appeal No. 158 of 2009. (From the judgment and order dated 03.06.2008 passed by the High Court......ubsequently by letter dated 14.01.1996 the petitioner was most illegally dismissed from his permanent service which was received on 16.01.1996. Thus the same is mala fide, void, illegal and without lawful authority. 7. Afterwards on 21.01.1996 the petitioner submitted his grievance notice to th..

Category: Labour and Industrial Law | Date: | Hits: 79

Sree Bishonath Das and others Vs. Sree Binoy Kumar Das and others, 2009, 38 CLC (AD)

....by the courts below in finding possession and title in favour of the plaintiff respondent. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 478.......that on 15.02.1982 the ADC (Revenue), Jessore passed an illegal order regarding correction of S.A. record and on the basis of that order defendant No.1 threatened the plaintiff with dispossession and accordingly the plaintiff filed the present suit. 4. The predecessor of the present petitioners......009. Lawyers Involved: Dr. Kazi Akter Hamid, Advocate, instructed by Md. Abu Siddique, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.1631 of 2009 (From the judgment and order dated 18.05.2009 passed by the High Court ......herein by creating house till his death and his only son the plaintiff Panchu Gopal Das has been possessing the same. Due to preparation of S.A. record in the name of Kashinath to avoid complexity of law, the plaintiff Panchu Gopal on 22.02.1979 obtained a registered kabala deed from Kashinath and t..

Category: Property Law | Date: | Hits: 27

Mojibor and another Vs. Md. Nurul Islam and others, 2010, 39 CLC (AD)

....the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 467.......nd he along with his brothers would barga cultivate the suit land under the landlords and afterwards said landlords proposed to sell the suit land the defendant No.2 agreed to purchase the same and accordingly, they executed 2(two) bainanamas in favour of the defendant No.2 on 31.12.1962 and deliv...... Advocate instructed by Zainual Abedin, Advocate-on-Record-For the Petitioners. Saidur Rahman on behalf of Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.1946 of 2009. (From the judgment and order dated the 12th day of May, 2009 passed by......y published in 1962 A.D. the High Court Division overlooked that in a document of 1944, 1945 and 1946 A.D. the number came in the year 1962 inserted upon fraudulent act and thus, committed error of law in decreeing the suit. The learned Counsel further submitted that upon fraudulent document no de..

Category: Property Law | Date: | Hits: 91

Government of Bangladesh and another Vs. Mohiuddin, 2009, 38 CLC (AD)

....5.1988 of the Court of Settlement is restored. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 454, 15 BLC (AD) (2010) 179......paying rents of the house to the authorities. But during the war of liberation Abdur Rahman was absent in the premises and his whereabouts were not known at the relevant time i.e. on 28.02.1972 and accordingly the property was duly declared as abandoned property and vested as an abandoned prop......gladesh and another………….............Appellants Vs. Mohiuddin…………………............Respondent Judgment February 1, 2009. Lawyers Involved: Nahida Yesmin, Deputy Attorney General, instructed by Md. Wahidullah, Advocate-on-Record-For the Appellants. Md. Nawab Al......und that the writ-petitioner could not show that his predecessor Abdur Rahman was present in Bangladesh or his whereabouts were not known on 28.02.1972 the High Court Division committed an error of law in setting aside the judgment holding that the onus is upon the Government to show that the pr..

Category: Property Law | Date: | Hits: 24

Tafazzal Hossain Vs. Bangladesh, 2009, 38 CLC (AD)

....ring to the writ petitioner but the petitioner got no chance of hearing on merit of the writ petition at the time of hearing of application for restoration which is against the principle of natural justice and as such the impugned order is liable to be set aside for the ends of justice. The abo......reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 451. ......sh represented by the Secretary, Ministry of Local Government Rural Development and Co-operatives, Bangladesh Sachibalaya, P.S.-Ramna, Dhaka-1000 and others…............Respondents Order October 11, 2009. Lawyers Involved: Rokonuddin Mahmud, Senior Advocate instructed by Sufia Khatu......ndment is quoted as below: - "59. Local Government.- (1) Local Government in every administrative unit of the Republic shall be entrusted to bodies composed of persons elected in accordance with law. (2) Everybody such as is referred to in clause (1) shall, subject to this Constitution and ..

Category: Election Law | Date: | Hits: 92

Anti-Corruption Commission Vs. Nargis Begum & others, 2009, 38 CLC (AD)

....e find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 279. ......e find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 279. ......lam Khan, Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Petitioners. (In both the cases) None Represented—For the respondents. (In both the cases) Civil Petition for Leave to Appeal No. 1655 with 1657 of 2008. (From the judgment and order dated the 28th day of July, 20...... erred in interpreting sections 26(2) and 27(1) of the ACC Act, 2004 and Rule 15 Gha(5) of the Emergency Power Rules, 2007 and passing an order of stay of criminal proceedings due to misconception of law; that due satisfaction contemplated in section 26(2) is only culminated through issue of the p..

Category: Anti-Corruption Laws | Date: | Hits: 168

Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)

....dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ......ivision, however, misconceived the amended Section 32 also in holding that sanction from the Commission will be required under Sub-section (1) of Section 32. This is not so. There is no provision for according the sanction twice-over. Sanction from the Commission will be required when the charge she......8 of 2009. (From the Judgment and order dated 13.07.2009 passed by the High Court Division in Criminal Appeal No. 4393 of 2007) Judgement ABM Khairul Haque J.- This is a petition for leave to appeal, filed on behalf of the Anti-corruption Commission, against the Judgment and Order dated 1......ka ten lac), in default, to suffer 1(one) year imprisonment more and also forfeited his properties. 4. On appeal, the High Court Division, allowed the appeal, both on merit as well as on points of law and set aside the Order of conviction and sentence passed by the Special Judge. 5. Regarding ..

Category: Anti-Corruption Laws | Date: | Hits: 231

Anti Corruption Commission Vs. Shah Alam Chowdhury and others, 2007, 36 CLC (AD)

....ith as prayed for. Order of the High Court Division dated 11th November, 2007 passed in Writ Petition No.9613 of 2007 is stayed till hearing of the appeal. Ed. This Case is also Reported in: ......ith as prayed for. Order of the High Court Division dated 11th November, 2007 passed in Writ Petition No.9613 of 2007 is stayed till hearing of the appeal. Ed. This Case is also Reported in: ......ted by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioner. Musfiqur Rahman Khan, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos.2-7. Civil Petition for Leave to Appeal No. 2 of 2008 (From the judgment and order dated 11.11.2007 passed by the High Court Di......, 2004 and the Rules thereunder of 2007 the case was filed under Section 5(2) of the Prevention of Corruption Act, 1947 was filed long after lapse of 5 years which is liable to de declared as without lawful authority and is of no legal effect. 4. The further case of the writ petitioner was that ..

Category: Anti-Corruption Laws | Date: | Hits: 159

Titas Gas Transmission and Distribution Company Limited Vs. Messrs Ashraf Ali Limes, Proprietor Md. Helaluddin and others, 2008, 37 CLC (AD)

....4/- (Taka two crore twenty six lac thirty four thousand nine hundred eighty four and paisa fifty four) only. 19. He further submits that the High Court Division erred in law occasioning failure of justice by directing the petitioner-respondent Titas Gas Company to restore the gas line of the oppo......is granted to consider the same. Security of Tk.1,000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......il) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Abdul Matin J Titas Gas Transmission and Distribution Company Limited............Petitioner Vs. Messrs Ashraf Ali Limes, Proprietor Md. Helaluddin and others...........Respondents Order March 23, 2008. Lawyers Involved:......ounting to Tk.2,26,34,984.54/- (Taka two crore twenty six lac thirty four thousand nine hundred eighty four and paisa fifty four) only. 19. He further submits that the High Court Division erred in law occasioning failure of justice by directing the petitioner-respondent Titas Gas Company to resto..

Category: Civil Law | Date: | Hits: 82

Dr. Mohiuddin Farooque Vs. Bangladesh & others, 2001, 30 CLC (HCD)

....n 30.7.2010. In the meantime, if any of the respondents feel it necessary for further direction, they are at liberty to approach the Court. Ed. This Case is also Reported in: 15 BLC (2010) 61. ......n 30.7.2010. In the meantime, if any of the respondents feel it necessary for further direction, they are at liberty to approach the Court. Ed. This Case is also Reported in: 15 BLC (2010) 61. ......ent of Bangladesh and others... Respondents. Order June 23, 2001. Lawyers Involved: Syeda Rezwana Hasan with M. Iqbal Kabir, Advocates-For the Petitioner Mustafa Zaman Islam, Deputy Attorney General-For the respondents. Writ Petition No. 891 of 1994 Order In this matter earl......gh within February, 2010. 9. Besides, she submits, the whole of tannery area are of red category, but still they did not install ETP in direct violation of the relevant provisions of environmental laws. In this connection, she refers to the decision of Dr. Mohiuddin Farooque V. Bangladesh 55 DLR ..

Category: Environmental Law | Date: | Hits: 279

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