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Faroque Ahmed Vs. Sub. Judge, 2nd Court & Artha Rin Adalat No. 1, Rangpur & ors , 2006, 35 CLC (AD)
.... Joint District Judge) 2nd Court and Artha Rin Adalat No. 1 , Rangpur in Artha Rin Adalat Case No.39 of 1991 refusing to record an order of abatement of the above suit as a whole. 2. Short facts are that the respondent No.2, Janata Bank, instituted the above suit for realisation of Tk.22......irul Kabir Chowdhury J Faroque Ahmed………………………………..Petitioner Vs Subordinate Judge, 2nd Court and Artha Rin Adalat No. 1, Rangpur and others ………………&hell......rder or not are to be decided in a forum having civil jurisdiction and so the writ petition is not maintainable. We are of the view that the High Court Division on correct assessment of the evidence on record and applying the correct proposition of law discharged the Rule and so no inter..Category: Civil Law | Date: | Hits: 78
Shoma Akter Shoma and another Vs. Bangladesh and Ors., 2006, 35 CLC (AD)
....rs could take resort to the appropriate forum for the purpose. With this observation this petition is disposed of. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 197. ...... Supreme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Shoma Akter Shoma and another………….Petitioners Vs. Bangladesh and Ors…......ases. 6. The petitioners have sought for declaration of the character or status, which under the circumstances is a disputed question of fact and requires investigation and determination on evidence adduced by the parties, for which the writ jurisdiction under Article 102 of the Constitut..Category: Criminal Law | Date: | Hits: 41
Md. Farhat Rahman Vs. Roomee Tareque Moudud, 2005, 34 CLC (AD)
.... a defendant decree was not drawn. As we have mentioned earlier that this statement of fact made by the appellant on oath was not disputed from the side of the Respondent. In the background of the facts brought on record by the appellant we are of the view that High Court Division was not withou......inst the judgment of January 18, 2000 of the High Court Division as to an order of discharge of the Rule for default obtained in Civil Revision No.4256 of 1999 which was filed against the judgment and order dated November 14," 1999 of the Court of Nari-O-shishu Nirjatan Daman Bishesh Adalat......n merit. The custody of the child shall remain with his mother till disposal of the Rule. There is no order as to costs. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 193. ..Category: Family Law | Date: | Hits: 173
Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)
....ently and is repugnant to the equality doctrine and under like circumstances and conditions should be treated alike both in their rights and privilege. 12. From the above discussion and the facts and circumstances of the case, we find that the refusal of the prayer of the respondent regar......late Division (Civil) Present: Syed J.R. Mudassir Husain CJ Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J The Government of Bangladesh and Others……….....Appellants Vs. Md. Shamsul Huq……&......rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ..Category: Employment/Service Law | Date: | Hits: 104
Tripti Industries Ltd. Vs. Registrar of Trade Marks, Bangladesh, 2005, 34 CLC (AD)
....ted against the common judgment and order dated 04.08.2002 passed by a Division Bench of the High Court Division in Trade Mark Appeal Nos. 54 & 55 of 2001 allowing the appeals. 2. Short facts are that the appeals before the High Court Division were filed by Md. Sharifuddin the proprie...... Olympic Industries Ltd. ………...Petitioners (In Civil Petition No. 1528 of 2003) Vs. Registrar of Trade Marks, Government of the People's Republic of Bangladesh and others ……………………Respondents Judgme......pellant, the respondents are trying to adopt an identical mark most illegally in respect of similar goods of the appellant for marking wrongful gain. 6. Both the parties adduced evidence in support of their cases before the Registrar and after hearing the parties the Registrar..Category: Intellectual Property Law | Date: | Hits: 172
Bangladesh Vs. Mohammad Ali Khondoker, 2007, 36 CLC (AD)
....gent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 161; V ADC (2008) 245. ......e Respondent. Civil Petition for leave to Appeal No. 884 of 2003. Judgment M. M. Ruhul Amin J.- This petition for leave to appeal is directed against the judgment and order dated 25.02.2003 passed by a Single Bench of the High Court Division in Civil Revision N......as not at all produced by the plaintiff and no explanation was offered for such nonproduction. It is not disputed that the suit land was rayoti land of the recorded tenant Formani Bibi. There is no evidence on record that the ex- landlord was ever inducted in the suit land by ousting the recorded..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Sunil Kumar and others, 2005, 34 CLC (AD)
....d of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 142. ...... Amirul Kabir Chowdhury J Government of Bangladesh, represented by the Deputy Commissioner, Bagerhat……………… Petitioner Vs. Sunil Kumar and others…………………..Respondent Judgment ......d of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 142. ..Category: Property Law | Date: | Hits: 23
Delowar Hossain Mollah and others Vs. Bangladesh, 2003, 32 CLC (AD)
.... sustain the presumption of constitutionality the Court may take into consideration matters of common knowledge, matters of common report, the history of the times and may assume every state of facts which can be conceived existing at the time of legislation; and (f) While good faith ......lso Reported in: 2007 (XV) BLT (AD) 124. ...... from any illegality or infirmity for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 124. ..Category: Employment/Service Law | Date: | Hits: 133
Rani Bilkis Banu Chowdhury Vs. Commissioner of Taxes, Circle -88, Zone-8, Dhaka, 2005, 34 CLC (AD)
....rose out of an order dated 22.03.2000 in Wealth Tax Appeal No.72 of 1999-2000 for the assessment year 1995-96 passed by the Taxes Appellate Tribunal Dhaka, Division Bench-1, Dhaka. 2. Short facts are that in the present reference application the petitioner Mrs. Rani Bilkis Banu Chowdhury ......Involved: Fakrul Islam, Advocate-on-Record - For the Petitioner. Not represented-the Respondents. Civil Petition for leave to Appeal No. 793 of 2003. (From the judgment and order dated 21.04.2003 passed by the High Court Division in Reference Application No.57 of 2000...... reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 84. ..Category: Fiscal/Taxation Law | Date: | Hits: 67
Azad Shahnewaz Vs. Artha Rin Adalat, Dinajpur and others, 2005, 34 CLC (AD)
....f the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 77. ......in J M.M. Ruhul Amin J Md. Tafazzul Islam J Azad Shahnewaz……………………Petitioner Vs. Artha Rin Adalat, Dinajpur and others …………....Respondents Judgment October 20, 2005. ...... money for the establishment of the said Company and also did not execute jointly or singly any document in favour of the Bank and that the Artha Rin Adalat decreed the suit without considering the evidence on record. It was the further contention that inspite of insufficient evidence to establi..Category: Civil Law | Date: | Hits: 73
Kazi Ali Akber Vs. Md. Hafizuddin Ahmed and othÂers, 2008, 37 CLC (AD)
.... section 17 of the Muslim Marriages and Divorces (Registration) Act, 1974, the Government would not have authorized him to register divorces by issuing the Exhibit 'Jha' further both the courts of facts below having found fault with the alleged licence of the petitioner, Ext.7, giving cogent rea...... (Civil) Present: Md. Tafazzul Islam J Md. Abdul Matin J Kazi Ali Akber…………...............Petitioner Vs. Md. Hafizuddin Ahmed and others…………........Respondents Judgment January ...... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 793. ..Category: Civil Law | Date: | Hits: 81
Md. Nasiruddin Vs. Md. Mizanur Rahman, 2007, 36 CLC (AD)
....e of its revision-al power as is limited under Section115 (1) of the Code of Civil Procedure. 6. The High Court Division held in the light of the above fact that "the trial Court erred in law and facts in dismissing the suit on holding that the defendant is not a defaulter on misconception of do......ed by Haridas Paul, Advocate-on-Record-For the Petitioners. Md. Mojibur Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1300 of 2006. (From the judgment and order dated the 26th February, 2006 passed by the High Court Division in Civil Revision No.1238 ......nt rushed to the House Rent Controller and made the deposit in House Rent Case No. 7 of 1994 and so it cannot be held that the tenant was not willing to pay the monthly rent and in the absence of any evidence that the tenant was not willing to pay the rent to the full extent allowable by the Ordinan..Category: Tenancy Law | Date: | Hits: 151
Mrs. Mohsina Rahman Vs. Abdul Majid, 2008, 37 CLC (AD)
....is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 786. ......Advocate-on-Record-For Respondent Nos. 1, 3. A.S.M. Khalequzzaman, Advocate-on-Record-Respondent No. 2. Civil Petition for Leave to Appeal No. 1465 of 2005. (From the judgment and order dated 21.6.2005 passed by the High Court Division in First Appeal No. 87 of 2002). ......o the next date i.e. 18.6.1998 passed the award on 30.5.1998 and then signed the same and thereby committed misconduct in passing the above award and the plaintiff also failed to produce necessary evidence in support of the award dismissed the suit and the High Court Division, without adverting ..Category: Alternative Dispute Resolution | Date: | Hits: 192
Kaiser A. Chowdhury and others Vs. M/s. Zakir Hossain Re-Rolling Mills and others, 2008, 37 CLC (AD)
....ieve that the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 776. ...... Supreme Court Appellate Division (Civil) Present: Mohammed Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Kaiser A. Chowdhury and others……………………………........tioner in the contempt petition as Annexure-B (1) in finding some fault with the petitioners for realization of a hypothetical excess payment which is not covered by any documentary evidence thereby caused a serious miscarriage of justice which, in public interest, needs to b..Category: Civil Law | Date: | Hits: 102
Md. Shahanur Rahaman and others Vs. Alhaj Abbas Ali Mondal, 2006, 35 CLC (AD)
....tted an error in holding that the document filed after closing of the evidence should have been expunged. 6. We are not impressed by the submissions of Mr. Bivash Chandra Biswas. In the facts and circumstances of the case, the High Court Division upon correct assessment of the evidenc......Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Shahanur Rahaman and others…………Petitioners Vs. Alhaj Abbas Ali Mondal......the plaintiff having learnt about the said suit instituted this false suit which is liable to be dismissed with costs. 4. The trial court framed necessary issues and on consideration of the evidence on record came to the finding that the defendants became defaulters. The trial court ..Category: Property Law | Date: | Hits: 91
Tayab Ali Vs. Md. Ataur Rahman and others, 2006, 35 CLC (AD)
....; This Case is also Reported in: V ADC (2008) 768. ......sent: Md. Ruhul Amin J M. M. Ruhul Amin J 1. Mr. Tayab Ali being deceased his heirs: 1(a) Sharif Uddin alias Aftab Uddin being deceased his heirs: 1. (a) (i) Irin Aktar and others ..........Petitioner Vs. Md. Ataur Rahman and others. ........Respondents...... limitation and thereupon dismissed the appeal. 6. The pre-emptor moved the High Court Division in revisional jurisdiction and obtained Rule. The High Court Division on consideration of the evidence, particularly the evidence of P.Ws. 2 and 3, held that the pre-emptor was able to establis..Category: Property Law | Date: | Hits: 23
Omar Farooque and another Vs. S.M. Shahabuddin and other, 2006, 35 CLC (AD)
....eration of Tk. 31,000/-. The High Court Division concurred with the finding of the Courts below as to the age of the defendants upon discarding the Ext. Ja which was not relied upon by the Court of facts upon assigning due reasoning. The High Court Division also concurred with the finding and re......d in: V ADC (2008) 765. ...... High Court Division concurred with the findings and decisions of the Courts below as to the signatures of the defendants in the agreement for sale. The High Court Division on consideration of the evidence of the P.Ws. 1, 2 and 4 arrived at the finding that defendants executed the bainapatra on ..Category: Civil Law | Date: | Hits: 74
Alhaj Md. Ruhul Amin Sarkar & another Vs. Hargram Trust Board, 2007, 36 CLC (AD)
....and obtained Rule. The High Court Division on consideration of the materials on record held that "The learned Subordinate Judge most illegally decreed the suit by his judgment without considering the facts that the fate of the plaintiff-petitioners have already been decided in S.C.C. Suit No. 13 of ......lso Reported in: V ADC (2008) 762. ......tions suit at Tk. 10,000/-. In the background of the aforesaid discussion on awarding cost at Tk. 10,000/-, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 762. ..Category: Property Law | Date: | Hits: 39
Mahmuda Haq Vs. Abdul Mannan Miah and others, 2007, 36 CLC (AD)
....ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 759. ...... Mahmuda Haq……………………………………………..Petitioner Vs. Abdul Mannan Miah and others……………....Respondents Judgment August 2,......e appellate Court in revisional jurisdiction and obtained Rule. 8. It is seen from the judgment of the appellate Court that the said Court disposed of the appeal without discussing the evidence although trial Court on discussion of the evidence of the parties arrived at the find..Category: Property Law | Date: | Hits: 25
Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)
.... 01 of 2000 making an award dated 11.11.1999 passed by the sole arbitrator-defendant-respondent No. 2 rule of the court and decreeing the suit in favour of the first party plaintiff. 2. The facts, in short, are that the 1st party entered into a contract with the 2nd party on 24.08.1994 an...... J Bangladesh Bank…………………………………..........Petitioner Vs. A. Latif & Company Limited and another…………........Respondents Judgment March 27, 20...... Dhaka being Title Suit No. 01 of 2000 on the ground that the Arbitrator acted arbitrarily and is guilty of legal misconduct in awarding damage to the extent of Tk. 2,84,90,849.24 without any evidence submitted by the claimant and prayed for rejection of award dated 11.11.1999 passed by the..Category: Business or Commercial Law | Date: | Hits: 129
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