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Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)
....ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......ourt dismissed the suit. On appeal being Title Appeal No. 193 of 1991 the appellate court also dismissed the appeal. Being aggrieved the plaintiffs moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division upon hearing made the Rule absolute. ..Category: Property Law | Date: | Hits: 33
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ......ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ......nd documentary, concurred with the findings and decisions of the trial Court and thereupon dismissed the appeal. Thereupon the defendants moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division discharged the Rule on the findings tha..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......visions of Order VI rule 14 of the Code which are as follows: "Every pleading shall be signed by the party and his pleader (if any): Provided that where a party pleading is, by reason of absence or for other good cause, unable to sign the pleading, it may be signed by any person duly ......penalty, or else the power of attorney will still be inadmissible in evidence. 31. It has been submitted by the learned Counsel for the respondent that the Treasury Officer, Chandpur was without jurisdiction in validating the power of attorney under section 18 of the Stamp Act. Under sub-rule (..Category: Property Law | Date: | Hits: 118
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....d the same. The auction sale has been confirmed on 27.12.1986 and the sale Certificate has been issued by the District Judge, Dhaka on 18.1.1987 in favour of the auction purchaser who had to pay in total Tk. 41,13,750/00. 3. The plaintiffs filed Title Suit No. 555 of 1985 in the First Court of ......l between the parties and so the findings made by the High Court Division were not contested then. As to the argument now made that the decree was a nullity, the learned counsel contended that in the absence of any evidence that Naser had died before 21.9.77 (when the decree was passed) it could not......gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... as DW 1 keeps little knowledge and information about the suit properties. This shows that somebody else manages the suit properties on her behalf. Ext. 4 contains the particulars of suit properties, total consideration, and amount of earnest money. From the nature of Ext. 4 it is clear that if defe...... deceased defendant No.1 are bound by the contract. 12. Mr. Khandker Mahbubuddin Ahmed, learned Counsel for the plaintiff-appellant, submits that the High Court Division erred in law in deducing absence of defendant No.1 from the talks on 1-9-73. It is no good reason to say that had she been pr.......4 that it was prepared at the direction of defendant No.1 or that defendant No.2 was signing the same on behalf of defendant No. 1. 16. It cannot be said that the High Court Division had no jurisdiction to notice these contradictory features in Ext. 4, nor can it be said that the features ..Category: Property Law | Date: | Hits: 50
State Vs. Mofizuddin and other, 2005, 34 CLC (AD)
....n rod etc. entered into Brahmanbaria Head Post Office breaking grill of a window and killing night guard Abdul Mannan and treasurer Abul Kalam Azad and looted away cash money of Tk.2, 64, 290/- in total breaking open the iron safes. In the morning the informant and others finding the grill of th......ion could be based on his confession as the same is voluntary and true. He also submits that the confessional statement of co-accused cannot be the basis of conviction against other accused in the absence of substantive evidence. 8. It is on record that the accused Mafizuddin was arrested......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 40
Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)
....t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ......t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ......appeal upon setting aside the concurrent findings of the Courts below, 6. Leave was granted to consider the following two grounds:- I. Because the High Court Division exceeded its jurisdiction as provided under section 100 of the Code of Civil Procedure in setting aside the c..Category: Property Law | Date: | Hits: 35
National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)
....sistant Commissioner of Taxes enhanced the family expenditure at Tk. 1,10,000/- from Tk. 40,500/- as shown in the Assessment return. The Assistant Commissioner of Taxes then re-opened and enhanced total house rent income for the year 1996-97 at Tk.6,66,000/- for 7 (seven) units building includin......spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ......spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 72
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....ed another loan document on 15th Ashar 1339 B.S. for a loan of Tk. 140/-.Their further case is that as the aforesaid persons failed to repay the loan money, they gave the land to Tayebuddin Biswas in total repayment of the loan money and executed a receipt in favour of Tayebuddin on 5th Ashar 1344 B......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......ng with the findings and decision given on loan documents Ext. B & B (1) by the final court of fact on consideration of the evidence on record and in so doing the High Court Division exceeded its jurisdiction and acted illegally when there was serious challenge from the side of the plaintiffs re..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......hat he was not the real Jatindra Mohon Roy who owned and possessed the property of 62 BCC Road and sold the same to Ali Ahmed Khandker and Wall Mohammad Siddiqui at all has not been dislodged. In the absence of establishing the identity of the plaintiff or in other words disproving the contention of......established that they on the basis of their purchase from Ali Ahmed Khandker and Wali Mohammad Siddiqui are in possession of the land. 9. The plaintiff moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division set aside the judgment and decree of the..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
.... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ......st be held to be an agent directly under the principal Birla Tyre Ltd. And in that view of the matter the defendant No. 3 had no right to terminate the distributorship of the plaintiffs and in the absence of any valid termination the plaintiffs are entitled to continue as such by way of an injun......limit and/or the target fixed by the defendants at 5000 Truck Tyres in addition to the 5000 sets of Non Truck Tyres for Bangladesh market. That the defendants have no lawful authority, power and/or jurisdiction to make any open or underhand dealing with any person or persons whatsoever in respec..Category: Business or Commercial Law | Date: | Hits: 100
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....-3 by filling written statement contending, inter alia, that the Government acquired 12.57 acres of land in land acquisition Case No.32 of 1956-57 and 60 of 1958-59 out of the aforesaid total land for the purpose of Central Storage Depot of the Food Department and the same was correc......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ..Category: Property Law | Date: | Hits: 40
M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)
....ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ......ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ......cting the prayer for bail of the appellants was considered with findings that further application for bail is not barred in case of rejection of the former application and the Vacation Bench also has jurisdiction to grant ad-interim bail in such cases. The order of bail was obtained from the Vacatio..Category: Criminal Law | Date: | Hits: 55
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....0,000/- to the petitioner for setting up a light engineering workshop at the BSCIC Industrial Estate, Tongi, Dhaka vide memo No.06/4226/4576 dated 3.6.80. Out of the said amount the BSB disbursed a total of Tk. 17,00,000/- to the petitioner on different dates in three phases including part of 1st ......imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ......imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ..Category: Banking Law | Date: | Hits: 117
Kamruzzaman Vs. State, 1990, 19 CLC (AD)
....nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ......but there is such a provision in the Code; as such there is no conflict between the Act and the Code in respect of trial within any specified period. Learned Deputy Attorney-General argues that the absence of any provision as to any specified time in the Act should be construed as a provision inco...... with provisions of this Act, shall apply to the proceedings of Special Tribunals, and such Special Tribunals shall have all the powers conferred by the Code on a Court of Session exercising original jurisdiction, and a person conducting prosecution before such Special Tribunals shall be deemed to..Category: Criminal Law | Date: | Hits: 58
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....cal currency loans in 16 equal half-yearly instalments commencing from 13.9.81. The vessels arrived in Bangladesh and started operating from 1980-81. It appears that the petitioners paid the Bank a total amount of Tk. 72,10,349 but then there were defaults made in making the payment. On 10.11.87 t......pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ...... the part of the Bank. 7. As to the contentions on the basis of Art. 34(1) of the BSB Order and the Rules, we do not think that they are well-founded in law. It is not disputed that the Bank has jurisdiction to sell the mortgaged property of the borrower directly under Art. 34 of the Order. A..Category: Banking Law | Date: | Hits: 94
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
.... the observation referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ...... the observation referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ...... the Promulgation of the said Proclamation" may be disposed of by the forum to be created by the President under para 5 of the Proclamation of Withdrawal of Martial Law, was unwarranted and without jurisdiction inasmuch as the respondent filed the writ petition in respect of his own grievance only..Category: Criminal Law | Date: | Hits: 53
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
..... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ......ent that its actions should be within its jurisdiction, that they could not be in defeat of that jurisdiction and that such action should be shown to have been performed with lawful authority. In the absence of a valid provision barring such interference, the High Court acting under Article 98 w......ection dispute There is no provision for appeal against a decision of the election tribunal constituted for adjudication of election tribunal cases of Dhaka City Corporation. It does not exclude jurisdiction of the High Court Division under article 102 of the constitution. There is no word of f..Category: Election Law | Date: | Hits: 102
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
.... dead body of deceased. Investigation was held by Court Inspector PW 12 Ashab Hossain and charge sheet was submitted by his successor Court Inspector PW 13 Rezaul Karim. 31. The defence case was a total denial of the occurrence as alleged by the prosecution. Defence further asserted that no dying......ially in the facts of the present case, to offer some explanation as to why Abul Hashem was not examined. If he came to depose the defence would have got an opportunity to cross-examine him and his absence has evidently deprived the defence to elicit facts which might have gone in its favour. It i......he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ..Category: Criminal Law | Date: | Hits: 44
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
....licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ......licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ......t No.1 was established by Act No.12 of 1997 as a commercial bank and that the defendant No.1 took loan from its predecessor, a financial institution, and as such the Artha Rin Adalat has jurisdiction to try the suit. The defendants then moved the High Court Division whereupon a Ru..Category: Banking Law | Date: | Hits: 101
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