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Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
.... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ...... learned Counsel submits that the notice of the assessment of compensation under clause (aa) of section 7 was served upon the appellant on 24 January 1993 which was within the period of limitation according to the proviso to clause (aaa) (ii) of section 7 of the Act. He argues that the High Cour......h 12, 1998. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate on Record - For the Appellant. Shahabuddin Ahmed, Deputy Attorney General (Md. Sajjadul Huq, Assistant Attorney-General with him) instructed by Md. Sharifuddi......der, directed that 'award' be prepared in the name of the appellant in respect of the plots in question and that if any body was aggrieved by the order might seek redress in the competent court of law within the statutory period of 6 weeks from the date of the order. All concerned were to be inf..Category: Property Law | Date: | Hits: 28
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
....pression that the plaintiff manipulated the evidence to fit its case and wrongly evaluated the case of the respective parties on such wrong impression which has led to wrong decision and failure of justice. Leave was also granted to consider the submission that the High Court Division committed ......atter by oral evidence. There was also no explanation in the plaint or evidence why the plaintiff wrote letters to the local Janata Bank on 30.11.88 and to the defendant on 6.12.88. When the power, according to him, was disrupted on 28.11.88. On the question of the generator there was no evidence......y J Chalna Marine Products...Appellants Vs. Bangladesh General Insurance Co. Ltd.................Respondents Judgment December 14, 2000. Cases Referred to- AIR 1914 Bombay 225; Borada Spinning and Weaving Co. Ltd. Vs. Satyanarayan Marine and F......ective parties on such wrong impression which has led to wrong decision and failure of justice. Leave was also granted to consider the submission that the High Court Division committed an error of law in holding that the suit of the plaintiff appellant was barred by limitation for not filing in ..Category: Civil Law | Date: | Hits: 135
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
.... favour of Abul Hashem Khan was illegal in that no notice was given for cancellation as stipulated in the lease. In the absence of such notice the cancellation was illegal as being against natural justice. The relevant portion of the lease agreement dated 20.3.67 between the Government and Abul ......t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ................Appellant (In Civil Appeal No. 257 of 2001) Vs. Syeda Sabera Khatun and ors.... Respondent (In both the cases) Judgment February 4, 2002. Case Referred to- 1970 PLD (SC). Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advoca......nstant case. It further held that appellant Bazlur Rahman had no right at all of the disputed land and the sale was made to defeat the right of these respondents who were fighting in the courts of law over the disputed land and as such, the purchase by appellant Bushra Complex Ltd. was barred by..Category: Property Law | Date: | Hits: 30
Khurshid Alam and Others Vs. Azizur Rahman & others, 2004, 33 CLC (AD)
.... 17. The judgment and order passed by the High Court Division in Criminal Revision Nos.88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: II ADC (2005) 80. ......itted error of law in holding that the Managing Director or an employee of a Private Company is a public servant within the meaning of section 2(b) of the Criminal Law Amendment Act, 1958 and accordingly the same requires interference by this court. 14. It appears that in the proceed......on Nos. 88 and 89 of 1987 and 104 of 1992 discharging the Rules and against the judgment and order dated 12.02.1996 making the Rule absolute in Criminal Revision No. 17 of 1987. Petition for leave to Appeal No. 233 of 1995 against the judgment and order passed in Criminal Revision No. 104 of 199...... Amendment Act, 1958 as amended by section 3 of the Criminal Law (Amendment) Ordinance, 1978 (Ordinance No. VI of 1978), because M/S. Master Industries Ltd. is a body corporate constituted under a law, namely, the Companies Act and the accused petitioner is a Managing Director thereof and furthe..Category: Criminal Law | Date: | Hits: 40
Sukkada Bala Gope Vs. Pran Hari Gope, 2004, 33 CLC (AD)
....sions of the learned Counsel for the appellant. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 54. ......pellant is further evident from Ext. C series rent receipts, the High Court Division misread and misconceived the documents and the evidence of D. Ws. Both as regards title and possession and according erred in law in not dismissing the suit. 7. Mr. Subrata Chowdhury, the learned Cou...... Order dated 2nd December 1999 passed by the High Court Division in Civil Revision No. 182 of 1990). Judgment Mohammad Fazlul Karim J.- This appeal by leave granted by this Court was to consider the points raised: "Learned Advocate for the petitioner......the recorded owner, vide Exhibit-A and the said deed being earlier than the deed of the plaintiff-respondent's predecessor and the said deed Ext. A having not been challenged in any court of law High Court Division acted illegally in making the rule absolute. 2. He..Category: Property Law | Date: | Hits: 29
Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)
....ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ......ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ...... Alhaj Shamsul Haque and Others…………………..Respondents Judgment March 15, 2003. Result: The review petition is dismissed. Lawyers Involved: A. J. Md. Ali, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record – For the Petitioner. Md. Nawab Al...... property seriously erred as there is no basis for making the said finding. The High Court Division further held that the Court of Settlement in the facts and circumstance of the case acted without lawful authority in dismissing the case No. 526 of 1987 filed seeking release of the property and th..Category: Property Law | Date: | Hits: 29
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....g, AIR 1922 PC 249 corresponding to ILR 48 Cal. 832 observed as follows: "All rules of Court are nothing but provisions intended to secure the proper administration of justice, and it is therefore essential that they should be made to serve and be subordinate to tha......the discussion above, we are of view that the High Court Division failed to apply the correct principles in the matter and wrongly interfered with the order of the Subordinate Judge. The appeal is accordingly allowed. The impugned judgment and order are set aside and the order of the Subordinate......ip;….....Plaintiff-Appellant Vs. Md. Ershad Ali and others ......Defendant-Respondents Judgment June 5, 1994. Cases Referred to- Ma Shwe Mya Vs. Maung Mo Hnaung, AIR 1922 PC 249=ILR 48 Cal. 832; Managing Committ......ave was granted to consider whether the High Court Division rightly interfered with the order of the Subordinate Judge allowing amendment of the plaint upon applying the correct principles of law as to amendment of pleadings as provided under Order VI rule 17 of the Code of Civil Procedure,..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
....499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ......illegality in making the Rule absolute. The High Court Division failed to consider the legal and factual position and came to an incorrect decision which require interfere. 8. The appeal is accordingly allowed. Judgment and order passed by the High Court Division in Writ Petition No. 499 ......iat, Dhaka.........Appellant Vs. Mst. Shiuli Begum and another..........Respondents Judgment May 1, 2002. Lawyers Involved: AJ Mohammad Ali, Additional Attorney General (Feroz Shah, Assistant Attorney General with him), instructed by B. Hossain, Advocat......operty in question is not an abandoned property and the Court of Settlement having come to a definite finding that the respondent failed to discharge that onus, the High Court Division erred in law in holding that the Court of Settlement did not come to any decision as to the abandoned chara..Category: Property Law | Date: | Hits: 37
Mosharraf Hossain Vs. Moulana Md. Tofazzal Hossain and others, 2004, 33 CLC (AD)
....der passed by the High Court Division dated 16.3.2000 in Writ Petition No. 3382 of 2000 is set aside. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 20. ......solute. 3. The learned counsel appearing for the appellant submits that the first part of section 4 of the Act provides for appoint and also granting license to the Nakah Registrar and accordingly by Memo dated 6.6.2000 the appellant was reinstated in his previous post of temporary N......ires and the appellant also filed an application under order 39 Rule 1 of the Code of Civil Procedure and the above court on 30.11.1999 passed an order of status quo restraining the defendants not to issue license of Nikah Registrar till hearing of the injunction matter and as a result license w...... wrong section in revoking the license of the writ petitioner and further no show cause notice was also issued upon the respondent No. 1 and accordingly the above Memos are illegal and without any lawful authority. 7. As it appears in terms of section 11 of the Act before cancellation of ..Category: Civil Law | Date: | Hits: 133
Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
....llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ...... the C.S. Khatian No. 639(Exb.1); Said 3 brothers were in possession of the suit holding by amicable arrangement plots wise and area wise which also has been depicted in the C.S. Khatian and accordingly Cherage Ali was possessing and owing the suit plot which has been shown in the C.S. Kha...... Most. Khairunnessa…………..... Appellant. Vs. Atar Banu and others ...........Respondents. Judgment July 13, 2003. Case Referred to- C.Q.M.H. Md. Ayub Ali Vs. the 1st Court of Settlement and others, 47 DLR (AD) 71. ......te. The direction of the High Court Division to the lower appellate court is to write out a fresh judgment considering the evidence already on record. 9. It is the settled principle of law that a remand order is never to be made to fill up the lacuna in the case of any party and a re..Category: Property Law | Date: | Hits: 31
Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)
.... the Constitution and as such Labour Court has correctly held that the findings of the Enquiry officer was bad in law, that the way enquiry was held the same offended the principle of natural justice, that Writ-Petitioner has failed to prove that the Respondent No.2 was not a worker. ......is directed to pay the respondent No.2 his back wages and the pension benefits. The appeal is dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 12. ...... June, 2, 1990 of the 1st Labour Court, Dhaka passed in Complaint Case No. 140 of 1984 allowing the same and thereupon setting aside the order of dismissal dated 21.8.1984 and making direction to the appellant (second party before the Labour Court) to reinstate the Respondent No. 2 (fir......ng shortfall in the stock of goods pledge to the Bank by the borrowers, (iii) negligence of duties and (iv) committing other misconducts, that all charges were duly inquired into in accordance with law and service Rules and that on the basis of the enquiry report Respondent No. 2 was dismissed w..Category: Labour and Industrial Law | Date: | Hits: 79
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
....een stated that in the circumstances stated above the petitioner Bank could not represent its case in the High Court Division and the Rule was made absolute causing great miscarriage of justice. The impugned judgment and order have been obtained upon practicing fraud on the co......ver the property in question in a competent court of law before praying for direction for mutation of their names and writ court is not the proper forum for deciding such question of title and accordingly the High Court Division acted beyond its jurisdiction in making the Rule absolute. ......wyers Involved: Mahmudul Islam, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record - For the Appellant (In Civil Appeal No. 97 of 1997) AJ Mohammad Ali, Additional Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record - For the Appellant (In Civil A......h Civil Appeal Nos. 97 and 98 of 1997 on the following sub-missions:- "The petitioner Rupali Bank Ltd. has inter alia, stated in the leave petition that it is in fact and law the owner in possession of the disputed property. It appeared and filed a power in the writ ..Category: Property Law | Date: | Hits: 35
Abu Borhan Siddique and another Vs. Mrs. Safiya Asaf Ali and another, 2008, 37 CLC (AD)
....nbsp; The petition is dismissed with cost of Tk. 5,000/-. Ed. This Case is also Reported in: ......nbsp; The petition is dismissed with cost of Tk. 5,000/-. Ed. This Case is also Reported in: ......un, Advocate-on-record - For the Petitioners. Md. Abu Siddique, Advocate-on-record - For the Respondent No. 1. Not represented - Respondent No. 2. Criminal Petition for Leave to Appeal No. 156 of 2008. (From the Judgment and Order dated 13th March, 2008 passed by the...... Bank on different dates but cheque was returned with the endorsement "fund insufficient" and after as per provision of section 138 of the Negotiable Instrument Act notice as required by law was issued upon the accuseds. The High Court Division further held that when the case was taken..Category: Criminal Law | Date: | Hits: 47
Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)
.... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ...... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ...... Ed. This Case is also Reported in: ...... at US$ 1418 per metric ton, the direction given by the Custom authority for declaring the tariff value at US$ 1800 per metric ton in the light of the SRO dated October 28, 1993 illegal and without lawful authority, since the said SRO cannot be effected retrospectively and thereby deprive the res..Category: Fiscal/Taxation Law | Date: | Hits: 74
Vice-Chancellor, University of Dhaka and others Vs. Ahmed Ar Razi and others, 2009, 38 CLC (AD)
....per book, as prayed for, is dispensed with. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: ......d 06.01.2003, pursuant to which the writ petitioner appeared in the admission test and passed the same having placed in merit position No. 2097 and his Code number was 144.35 in the merit list and accordingly he was allowed to be admitted in the Department of Islamic Studies of the University of......oners. A. M. Amin Uddin, Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on-Record- For the Respondent No.1. Not represented - Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 2101 of 2008 (From the judgment and order dated 31st August, 2008 passed by the ...... BSS (Honours) course, but since his original admission was a fake one, he cannot take any benefit out of the that examinations and accordingly the highest authority of the University of Dhaka has lawfully cancelled his fake admission in the Department of International Relations of University of..Category: Civil Law | Date: | Hits: 103
Nasir Hossain Chaklader & ors Vs. Joint Dist Judge & Artha Rin Adalat 2, Dk & ors, 2008, 37 CLC (AD)
....ecution case to be disposed of in accordance with law. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 302. ......usa Commercial Area, Motijheel, Dhaka as plaintiff filed a Money Suit No. 84 of 1990 in the Court of Subordinate Judge, 3rd Court, Dhaka claiming an amount of Tk.5, 52, 60,832.43/- The said amount according to the plaintiffs bank arose out of L/Cs opened by Shinan (Bangladesh) Limited in connect...... Vs. Joint District Judge & Artha Rin Adalat No.2, Dhaka and others…………….. Respondents Judgment November 9, 2008. Case Referred to- Saloman Vs. Saloman and Co. Ltd. (1887) A.C.22. Lawyers Involved: Md. Naw......t by filing a written statement denying his liability for any dues if any for Shinan Bangladesh Limited as responsibility for meeting the liabilities of any limited company is of the company and in law shareholder and Director including Managing Director is not liable for the debts and liabiliti..Category: Civil Law | Date: | Hits: 106
Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)
....nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 297. ......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 297. ......t November 18, 2007. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 866 of 2006 (From the judgment and order dated the 25th j April, 2006 passed ......nstruction of Union Parishad Building. He requested to take step for selection of Sukhdeb Nagar defying the formal decision undertaken by the majority votes of the Union Parishad without any lawful authority and made an adverse remark behind the back of the Chairman who is an elected repre..Category: Others | Date: | Hits: 87
M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
....es or not. The doctrine of promissory estoppel need not be inhibited by the same limitation as estoppel in the strict sense of the term. It is an equitable principle evolved by the Courts for doing justice and there is no reason why it should be given only a limited application by way of defence......and thereafter the Ministry of Jute by a telex dated 05.09.1992 had directed the Managing Director of the plaintiff company to come and meet with the Secretary of Ministry of Jute on 07.09.1992 and accordingly, the Managing Director of the plaintiff company met the Secretary and the plainti......;……………………... Petitioner Vs. Government of Bangladesh and others.............................Respondents Judgment October 22, 2008. Lawyers involved: Mahmudul Islam, Senior Advocate, with M.A. Samad,......of 1972 and it was notified in the Gazette and on 3rd April, 1975 an administrator was appointed by the Government to look after the property and as the same action had not been in accordance with law the Government of Bangladesh had entered into an agreement with the "Rally Brothers" ..Category: Property Law | Date: | Hits: 42
Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
....he same. Due to disposal of the case on the ground of limitation the petitioners stand to suffer irreparable loss and injury. The petitioners case stands on good and valid grounds and for the ends of justice the case is required be restored for hearing on merit. The further submission that under sec......the High Court Division in Civil Revision No. 1050 of 1998 stating that the limitation for filing miscellaneous case was 30 days from date of the decree and not 30 days from the date of knowledge and accordingly made the Rule absolute. Against the said judgment and order dated 16.8.2000 passed by th...... Md. Tafazzul Islam J Md. Abdul Aziz J Government of Bangladesh and others..... Appellants Vs. Shamsun Nahar and others..... Respondents Judgment May 31, 2009. Cases Referred to- Sonar Bangla Service Station Vs. Government of the People's Republic of Bangladesh represente......ts will release the suit property in favour of the plaintiffs; hence the plaintiffs filed the suit for a decree that to keep the suit land under acquisition by L.A. Case No. 37/50-51 is illegal and unlawful and further for a decree to direct the defendants by mandatory injunction to release the suit..Category: Limitation Law | Date: | Hits: 241
Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)
....se would be served in granting leave as against the order of the High Court Division dated October 1, 2007 passed in Criminal Appeal No. 3990 of 2007 in rejecting the prayer for bail and that ends of justice would be served in disposing of the Criminal Petition for Leave to Appeal upon allowing the ......would be served in proceeding with the appeal. 17. In the background of the aforesaid submission of the learned Additional Attorney General there was no necessity of proceeding with the appeal and accordingly the same is dismissed. 18. It was noticed that the writ petition was filed having ha......tin J Government of Bangladesh…........Appellant Vs. Sabera Aman and others............Respondents Judgment April 17, 2008. Lawyers Involved: Hasan Foiz Siddique, Additional Attorney General, instructed by A. S. M. Khalequzzaman, Advocate-on-Record – For the Appellant. R......, that the appeal is pending and there is a specific procedure for filing appeal and disposing the same and as such the impugned order of the High Court Division passed in the writ petition is bad in law and the same is liable to be set aside. It was also submitted by the learned Additional Attorney..Category: Criminal Law | Date: | Hits: 51
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