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Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
.... 23. But the fact remains that in the instant case, all the courts below have taken an erroneous view, regarding the nature of a mutation proceeding before the revenue officer, holding it to be a proceeding before a court on a misconception of law. An offence of serious nature......d a notice upon the appellant to submit his papers on submission of the aforesaid certified copy of the decree of Title suit No. 663 of 1979 the Additional Deputy Commissioner (Revenue) directed the Government Pleader, Satkhira to make an enquiry as to whether Title Suit No. 663 of 1978 was at all i..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....such, the impugned Judgment and decree is liable to be set aside. The High Court Division has held that PW 2, the scribe, duly proved bainanama and so the learned Subordinate Judge acted illegally in holding that the bainanama has not been duly proved. 8. It appears that the defendant No. 1 neith...... sell the suit property to the plaintiff, consideration of the suit property was fixed at Taka 1, 68,000. The defendant No. 1 on 4‑3‑1988 executed a Bainanama upon receiving Taka 5,000 and banded over possession of the suit property to the plaintiff. In the Bainanama a condition was stipulate..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147
Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)
....rious matter. It curtails the statutory term of the holder of the office. A stigma is cast on the holder of the office in view of certain allegations having been held proved rendering him unworthy of holding the office which he held". 8. The view expressed in th...... Md. Fazlul Haque J Abdur Rashid (Md) ...............Petitioner Vs. Local Government Rural Development and Cooperatives, Local Government Division and others..........Res..Category: Others | Date: 27 Jan, 2003 | Hits: 89
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
....d the Jama in respect of his purchased land without compliance of the provision of section 117 of the State Acquisition and Tenancy Act, 1950 and, as such, appellate Court did not commit any error in holding that the pre-emptors are the co‑sharers of the land sought to be pre‑empted......8209;emptors. 7. The pre‑emptee as against the judgment and order of the High Court Division obtained leave contending, inter alia, that the High Court Division overlooked that the Court of appeal below without noticing and considering Exhibit 13(2) Khatian No...Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....ustice" dismissed the appeal. 4. Leave has been granted to consider the contentions of the appellant that while the AAT and AT found that there was no wrong or illegality in holding the respondent guilty by the Enquiry Officer as well as in the departmental appeal the tribu......ision (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Government of Bangladesh, represented by the Secretary, Ministry of Defence and others ................Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).
.... the respective cases of the parties and applied judicial mind, the High Court Division was wrong in making the Rule absolute and transferring the cases to the Court of Metropolitan Session Judge holding that the impugned orders were passed mechanically without applying judicial mind and not......nature and does not fall within a normal FIR case as under section 25A of the Securities and Exchange Ordinance, 1969 the burden of proof lies on the accused and not on the prosecution. Thus, the governing jurisprudence in this case is quite different from that of the ordinary criminal jurisprud..Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....olled by limitation contained in section 497 Cr.P.C. There is nothing in section 496 and 497 Cr.P.C. to show that these sections were intended to apply only to the investigating police or the Court holding enquiry or trial. The wording of those sections makes it clear that it is intended to cont......) of the Code Criminal Procedure that the appellant is entitled be enlarged on bail as the trial could not concluded within 360 days (the specified time) inasmuch as the appellant is in custody for over six years without any trial and there is no possibility of early trial of the case because th..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
....or the appellant has submitted that in view of the evidence of P.W.2 categorically denying his signature in the Ekrarnama the Courts i.e. trial Court and the appellate Court, were in serious error in holding the Ekrarnama as genuine in disregard of the view of the superior courts as to making of dec......ompromise effected between the parties and the defendant No. 1 (of the instant suit) upon receiving Tk. 1, 500/- executed and registered a kabala on July 28, 1972 in favour of the plaintiff and made, over possession to him. Later on the defendant No.1 by forging signature of the scribe created an Ek..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
....t was subsequently converted into an appeal under section 17 of the Act. 4. A division Bench of the High Court Division by the impugned judgment dismissed the appeals with cost upholding the decree of the Subordinate Judge but disallowing the interest given by the arbitrator in ...... Syed JR Mudassir Husain J AS Ahammed J Asalat Zaman (Md) and others ...............Appellants Vs. Government of Bangladesh and others.......... Respondents ..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)
.... the correctness of allegation as published in different newspapers and to report regarding involvement of the officers and employees of the said Board. Annexure 3 shows that the said Committee after holding enquiry submitted report on 9‑10‑1995. But, apart from this enquiry report no en......nsion on the allegation of corruption in the examination and also for negligence of duty. While the writ‑petitioner was serving as Deputy Controller of Examinations, the Ministry of Education, Government of Bangladesh issued circular No. 4/91/88/762 dated 10‑8‑1988 upon the writ re..Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....holders of the company. 4. The respondents now claim that neither respondent No. 1 nor respondent No. 2 transferred their shares to appellant No. 3 and appellant No. 5 and they are still lawfully holding the said, 200 paid up shares in the company, but Tofayel Ahmed fraudulently omitted their na......to return the cheque for the equivalent cash amount when the company would receive full amount of its claim from the Power Development Board. Accordingly, all undated cheque for Taka 5 lac was handed over to respondent No. 1. But the respondents went oil pressing Tofayel Ahmed for immediate payment ..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....etition dated 5‑11‑2000 a case of forgery and fraud in filing petition for withdrawal of appeal having been brought to the notice of the Administrative Appellate Tribunal who erred in not holding an enquiry into the allegation upon a view that there is no scope for embarking upon the inv...... (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J Government of Bangladesh and another .........Appellant Vs. MA K..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....; the learned Attorney-General, during the pendency of the writ petition, which is in contradiction to the parawise comments of the then Secretary of the Ministry of Information; in holding that the ETV was in existence when Mr. AS Mahmud, the Chairman of ETV applied in...... 'Cha' of original memo (Annexure-'C) of the same date issued by the Ministry of Finance, by which ETV was exempted from paying hourly charge of Taka 1200 or Taka 1800 thus depriving the Government exchequer from huge amount money every year. 9. The further case ..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Secretary, Ministry of Works and another Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....together, imply that prior written permission of DIT is necessary in execution of a bainapatra for sale and the High Court Division fell into an error of law in overlooking the said provision and holding that the stage for obtaining permission has not yet reached." He next contends tha......ation of President's Order No. 16 of 1972 the original owner of the house was not in Bangladesh. The respondent No. 2 also lost possession and control of the house and the house was vested in the Government as an abandoned property. Immediately after independence the suit house was taken under..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
....ch the plaintiff received US$ 2,78,276.68 and the money suit has been filed for recovering the balance amount of US$ 4,36,578.50 and as such the High Court Division was totally wrong on premises in holding that the merit is open for arbitration and committed gross illegality in staying all further......ecame infructuous and/or non-existent after full and final settlement of the claims for compensation. Under settlement, the Corporation was now to pay US$ 436,587.85 to the plaintiff and filed for recovery of the said outstanding only. In reply to objections, the corporation denied any sort of settl..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)
....t of Subordinate Judge did not grant any interest on the decreetal amount and as such no error was committed by the High Court Division in affirming the decree of the Court of first instance in not holding that the said court decreeing the suit made the award in its entirety part of the decree." ......words, the arbitrator may allow interest pendent lite for a period beyond four months if the prolongation of the proceeding is caused by circumstances beyond his control Again, to avoid any controversy, the period for pendent lite interest will start from the date on which the Arbitrator ente..Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217
Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).
....ble to be dismissed on the ground of maintainability. 4. Mr. Md. Abdus Samad, the learned Counsel appearing for the petitioners submits that the impugned order of the High Court Division holding that the writ petition is not maintainable as alternative remedy under Order XXI rule 90 of ......matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
....lice took up investigation, visited the scene of the said occurrence, prepared sketch map with separate index, seized alamats by preparing seizure list, produced the victim before Medical Officer for holding medical examination, recorded statements of the prosecution witnesses under section 161 of t......9-11-1996 after reaching Rajbari the appellant told the victim in the evening that the money will be paid the following day by the Deputy Commissioner’s office and that they have to stay at Rajbari over night. The accused appellant then took the victim to a residential hotel by the name Al Quddus ..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
....iver of possession which is not liable to be declared to have been made without any lawful authority and the High Court Division considered the circumstances while summarily rejecting the application holding:
“Now after having fought upto the Appellate Division the Government issued the notice......notice is directed against a trespasser to surrender possession and not under Ordinance No. LIV of 1985. Admittedly, the property was enlisted as abandoned property in the 'Ka' list which means that Government was in possession of the building. Now it appears that after disposal of the previous proc..
Category: Constitutional Law | Date: 7 Aug, 2002 | Hits: 180
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
.... to be presumed that his Lordship found the miscellaneous case maintainable, otherwise his Lordship would not have made the Rule absolute on merit. 2. Mr. Md. Shamsul Huda J: discharged the Rule holding the view that the order of extension dated 30-5-2002 has been issued by the Government in ac......Md. Ali Asgar Khan and Mr. Justice Shamsul Huda and their Lordships gave dissenting judgments. Mr. Justice Md. Ali Asgar Khan made the Rule absolute declaring the order dated 30-5-2002 issued by the Government extending the order of detention of the detenu for 3(three) months with effect from 29-6-2..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
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