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Kamrunnessa Nilufar and another Vs. Mahmudul Faruque and others, 2009, 38 CLC (AD)
....ition for leave to appeal by the plaintiff-petitioners. 7. Mr. Khurshid Alam Khan, the learned Advocate for the petitioners, submits that the Courts below have failed to appreciate that the facts and circumstances obtaining in the case leads one to the irresistible conclusion that the pla...... Md. Tafazzul Islam J Md. Joynul Abedin J Kamrunnessa Nilufar and another.........Petitioners Vs. Mahmudul Faruque and others...........Respondents ......ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ..Category: Property Law | Date: | Hits: 22
Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)
.... Khalequzzaman, learned Advocate-on-Record, appearing for the petitioner, submitted that the High Court Division have on misconception of law made the Rule absolute without considering the law, facts and circumstances of the case and, as such, the impugned judgment/order is liable to be set as......zzaman, Advocate-on-Record—For the Petitioner. Md. Nawab Ali, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 156 of 2006. (From the judgment and order dated the 27th August, 2005 passed by the High Court Division in Criminal Revision No.1373...... the case surrendered before the learned Magistrate on 13-9-1999 and was granted bail by the learned trial Court on 30-9-1999 and allowed to contest the case. 6. The trial Court on considering the evidence of the P.W's and D.W's and after hearing the parties found the accused guilty under section..Category: Criminal Law | Date: | Hits: 65
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
.... Additional Attorney General in the case of Ekushey Television Ltd. Vs. Dr. Chowdhury Mahmood Hasan reported in 55 DLR (AD) (2003) 26 held as under: "A case is decided on its factual matrix. When the facts materially vary, the law carefully shifts its focus. Therefore, the conspectus of facts on whi.................Appellant Vs. Samah Razor Blades Industries ............Respondents Judgment January 20, 2004. Cases Referred to- 21 DLR (SC) (1969); 357 7 BLC AD 67; 44 DLR 39; Friends and Company Vs. Gorubedi Shah 21 DLR (SC) 351; SM Towfiq Vs. National PLD 1962 Karachi 355; 21 DLR (......ereby an erroneous decision is reheard and corrected but lies only for patent error apparent on the face of the record. Unless the impugned order show as such merely reversing the order basing on the evidence on record would not render the order in review on those jurisdiction. Similarly, an error w..Category: Intellectual Property Law | Date: | Hits: 233
Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)
....ed Deputy Attorney General has pressed the First submission as above and modified his second submission by urging that the aforesaid decision in Monoranjan Mukharjee's case was wrongly applied in the facts of the instant case resulting in a miscarriage of justice. 9. As far as the first submissio......vocate-on-Record - For the Appellant. Kazi Shahadat hossain, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record – For the Respondent. Civil Appeal No. 16 of 1994. (From the Judgment and Order dated 15th November 1993 passed by Administrative Appellate Tribunal No. 33 of 1993). J...... upon an independent enquiry under the aforesaid Rules of 1976 in which the District Judge who passed the impugned order recorded his own finding as to the guilt of the respondent on the basis of the evidence on record and as such the consideration whether the conviction of the respondent in the Mar..Category: Administrative Law | Date: | Hits: 144
BADC Vs. Abdur Razzaque, 1996, 25 CLC (AD)
....is reinstatement in service. 6. The core point for consideration in this appeal therefore lies in a narrow compass, viz. whether section 3(3) of the said ordinance was attracted to the facts of the case. Mr. M. A Tariq, learned Advocate for the appellants submits that Ordinanc......t ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Agricultural Development Corporation and others……..Appellant Vs. Abdur Razzaque………&hell...... In the result we allow the appeal and set aside the judgment and order of the High Court Division without any order as to cost. Ed This Case is also Reported in: II ADC (2005) 607. ..Category: Employment/Service Law | Date: | Hits: 97
Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)
....nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mst. Jahera Khatun and others..........Appellants Vs. Abu Bakar …………..Respon......it land and further that the four boundaries given in the plaint related to the suit land and no other land. For coming to this conclusion the said two Courts had elaborately discussed the material evidence adduced by the parties, more particularly the amalnama, Ext.4. In this Ext.4 the defendan..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)
.... by Mr. B. Hussain. 13. The learned Judge of the High Court Division in exercise of his revisional jurisdiction under Section 115 CPC without taking into consideration of all those relevant facts, has clearly committed an error of law in setting aside the order of restoration of the suit ...... Bimalendu Bikash Roy Choudhury J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Dhaka........Appellant Vs. Md. Jashim Uddin and another…….....Respondents Judgment October 27, 1997. Case Re......which caused plaintiff's failure to appear in the suit when it was called on for hearing and thereby it was dismissed for default. The learned trial Judge upon assigning reasons believed the evidence of P.W.I and accordingly allowed the Misc. Case and restored the suit to his original file..Category: Procedural Law | Date: | Hits: 87
Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)
.... (Chittagong), subsequently renumbered 323 of 1991 (Dhaka), which, reversing those of the Subordinate Judge, Patiya, decreed the plaintiff's suit, Other Suit No. 163 of 1981 in part. 2. The patent facts are that the suit homestead with its adjuncts and adjoining thank, ditch etc. originally belon....... ....../-. In substance the defence case was that the deeds assailed by the plaintiff were not colourable deeds but genuine deeds. 4. On consideration of the facts and circumstances of the case and the evidence on record the trial court dismissed the suit. The unsuccessful plaintiff then took an appea..Category: Property Law | Date: | Hits: 66
Government of Bangladesh and another Vs. Motu Lal Barua, 1997, 26 CLC (AD)
....trative Appellate Tribunal in Administrative Appeal No. 89 of 1991 affirming those dated 7.10.91 passed by the Administrative Tribunal in Administrative Tribunal Case No. 279 of 1988. 2. The short facts relevant for disposal of the appeal are that respondent Muntu Lai Barua is the driver of the D......eme Court Appellate Division (Civil) Present: A.T.M. Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammd Abdur Rouf J Bimalendu Bikash Roy Chodhury J Government of Bangladesh and another............Appellants Vs. Motu Lal Barua…......Respondent Judgment March 3...... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579...Category: Administrative Law | Date: | Hits: 105
Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)
....ty", as defined in Section 3(28) of the General Clauses Act 1897, is amenable to the writ jurisdiction of the High Court Division under Article 102 of the Constitution. 2. The relevant facts are as follows:- Respondent No.1, Abdul Khaleque, former Secretary of the appellant's Society......vision (Civil) Present: ATM Afzal CJ Mustafa Kamal J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Co-Operative Insurance Limited and others............Appellants Vs. Md. Abdul Khaleque Khan and others...........Res......ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ..Category: Others | Date: | Hits: 224
M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)
....d to be "continued ill-health" would be left with the discretion of the employer, but the employer shall not exercise this discretion arbitrarily and capriciously. All the attendant facts and circumstances of each case have to be considered to determine whether a particular period......Mustafa Kamal J Mohammad AbdurRouf J Bimalendu Bikash Roy Choudhury J M/S. Karim Jute Mills Ltd..............Appellant Vs. Chairman, Second Labour Court, Dhaka and another............Respondents Judgment July 8, 1997. Case Referred to- ......m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in: II ADC (2005) 569. ..Category: Labour and Industrial Law | Date: | Hits: 72
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....the tenant and declared so in her income tax return, who the caretaker was and how she was in constructive possession through any disclosed caretaker. Blindly accepting the assertion of fresh facts made by the writ petitioner in the writ petition without any supporting evidence the High Cou...... Mustafa Kamal J Latifur Rahman J Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh...................Appellant Vs. Jahanara Rashid and others……….Respondents Judgment April 2, 1998. Lawyers......tion there was no valid gift, the writ petitioner did not acquire any right, title and interest in the said property on the basis of the gift and secondly, there being no oral and documentary evidence contrary to the resumption of section 5(2) of Ordinance No.54 of 1985, the writ petit..Category: Property Law | Date: | Hits: 42
Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)
....on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ...... in: II ADC (2005) 558. ......tter of deed of reconveyance dated 18.2.78. After taking several adjournments the respondents failed to answer the interrogatories and as such the trial court debarred the respondents from leading evidence in respect of the deed of reconveyane dated 18.2.78 against which order the respondents fi..Category: Property Law | Date: | Hits: 34
Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)
.... Attorney General appearing for respondent no. 1 and Mr. Akhtar Imam, learned Counsel appearing for respondent No.2, submit that Martial Law Regulation No. VII of 1977 is directly attracted to the facts and circumstances of the case. Sub-paragraph (1) of paragraph 6 of the said Regulation has th...... (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J A.M. Mahmudur Rahman J Mahmudul Amin Choudhury J Bangladesh Italian Marble Works Ltd. and another......................Appellants Vs. Government of Bangladesh, repres......ommit any illegality in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ..Category: Property Law | Date: | Hits: 39
Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)
....3 DLR (AD) 128 and tried to express that as the appeal was dismissed for default the respondent had remedy available in a revisional application but from this decision it appears that in the given facts and circumstances it has no application. 7. The Short fact leading to this decisio...... Mahmudul Amin Choudhury J Aminul Haque Shah Chowdhury @ Aminul Shah Chowdhury...................Appellant (In Civil Appeal No. 79 of 1998) Vs. Abdul Wahab Shah Chowdhury and others……..........Respondents (In Civil Appeal No. 79 of 1998) Aminu......wer to the District Judge to set aside whether appellant was benefited by sufficient cause in appearing before him when the appeal was called on for hearing. It is also contended that from the evidence on record it appeared that the appellant was not prevented by sufficient cause. Mr. ..Category: Trust/Waqf Law | Date: | Hits: 226
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....fs had never been in possession of the suit land. In such circumstances the suit was not maintainable. On this ground alone the plaintiffs' suit was liable for dismissal. 13. Considering the above facts and circumstances we are constrained to hold that the impugned judgment and order of the Hig......efined exceptional circumstances, such as non-consideration or misreading of material evidence affecting the merit of the case………………………………(11) Cases Referred to- Banga Chandra Dhur Biswas Vs. Jagat Kishore Acharjya Chowdhuri, ILR 44 Cal.186; Rajammal alias Sundarammal a......rived at by the lower appellate court is binding on the High Court, as a revisional court except in certain well-defined exceptional circumstances, such as non-consideration or misreading of material evidence affecting the merit of the case………………………………(11) Cases Referred t..Category: Procedural Law | Date: | Hits: 36
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)
....n paper of the appellant as not legal and without lawful authority being violative of the provision of Section 7 (2) (f) of the Local Government (Union Parishad) Ordinance, 1983. 2. The facts, relevant for the proper disposal of this appeal, are that the respondent No. 1 (writ-pe...... Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Md. Jahangir Alam (Selim).........Appellant Vs. Md. Hebjul Bari and others......Respondents Judgment August 3, 2004. Lawyers Involved: K......and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. This case is also Reported in: II ADC (2005) 514. ..Category: Election Law | Date: | Hits: 282
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....onment for life and to pay a fine of Tk. 10,000.00 each in default to suffer rigorous imprisonment for three years more and also convicted four other-persons under different sections. 2. The facts of the case, in short, are that Md. Idris Ali, father of deceased Ruhul Amin as informant lo......ate Court (Criminal) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Zakir Hossain and another………….Petitioners Vs. The State......................assigning any cogent reasons. That P.W.s 1, 2, 3, 5, 7 and 8 are eye witnesses of the occurrence. The so-called eye witnesses are interrelated, partisan and interested witnesses and as such, their evidence must be closely scrutinized before it is accepted. It should not be accepted on its face v..Category: Criminal Law | Date: | Hits: 47
Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
....tion No. 321 of 1989 discharging the Rule obtained against the judgment and order dated 19.1.1988 of the Court of Settlement Dhaka passed in Case No.566 of 1987 dismissing the case. 2. Brief facts for disposal of this appeal are that the appellants and their predecessors filed the above C......191. ......ladesh Vs. Md. Jalil 49 DLR (AD) 26, it has indeed been held that section 5(2) of the Ordinance clearly provides that the list published under sub-section (1) shall be conclusive evidence of the fact that the buildings included therein are abandoned property and has vested in ..Category: Property Law | Date: | Hits: 30
Mohammad Mozaffar Ahmed Miah Vs. State and another, 2007, 36 CLC (AD)
.... In that view of the matter we find no substance in the petition. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 167. ...... MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Mohammad Mozaffar Ahmed Miah ......................Petitioner Vs. The State and another....................................Respondents Judgment August 6, 2007. ......not been filed as because there is an error in the judgment, sought to be reviewed, which is apparent on the face of the record or that on the ground of discovery of new and important materials or evidence which could not be produced before the Court earlier in spite of exercising due diligence...Category: Criminal Law | Date: | Hits: 38
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