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State Bank of India Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. & anr, 2008, 37 CLC (AD)
....ting aside the impugned judgment and decree passing in F.A.T. No.358 of 1999 dated 14.06.1999 by the High Court Division. Ed. This Case is also Reported in: VI ADC (2009) 37. ...... of decretal amount is equivalent to deposit in cash which the bank is obliged to encash the same on remand and is usually prevalent in the business world where the amount is colossal and accordingly, in the said decision it was held that under Section 7 of the aforesaid Act against a d......azlul Karim J. - This Appeal, by leave, is directed against the judgment and order dated 11.07.1999 passed by the High Court Division in F.A.T. No. 511 of 1999 permitting defendant respondents to file Memorandum of Appeal with bank guarantee. 2. The facts of the case, in short, are th......plication under Order 9 Rule 13 of the Code of Civil Procedure against the ex parte decree and since it is impracticable to deposit huge cash money by chalan and since there is an indication in the law itself that the decretal amount can be deposited either in cash or by bank guarantee, furn..Category: Banking Law | Date: | Hits: 96
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
....arbitrary and malafide; that the joint allotment impugned in the writ petition having been issued without any show cause and without assigning any reason is clearly against the principle of natural justice. The learned Counsel further submitted that in pursuance of joint letter of allotment dated ......e writ petitioner to surrender his previous lease and he surrendered the case plot by registered surrender deed on 08.09.1994 and informed the office by his letter dated 15.09.1994. The case plot was accordingly allotted jointly in the names of the writ petitioner and his wife respondent No.4 accord...... D.O.H.S on 23.05.1993. Vacant possession was delivered and lease deed was executed on 10.06.1993. He applied for approval of the plan and after obtaining necessary approval of the plan from the Cantonment Board, mortgaged the said plot and obtained loan for construction of residential building ......y the Director, Military Land and Cantonment Directorate Ministry of Defence, so far as it relates to the writ respondent No.4, the present petitioner should not be declared to have been made without lawful authority and was of no legal effect and why the allotment of the entire plot should not be..Category: Property Law | Date: | Hits: 74
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....y the learned brother "but the evidence on record as to the cause of death was not confidence-inspiring. In this background of the case, awarding of capital punishment appears to have been and injustice" and there upon was of the view that in the aforestate of the matter the High Court Div......he condemned prisoner. 27. Thus it is clear that the prosecution did not make out a case of strangulation or throatling, that is, a case of death by asphyxia and also did not lead evidence accordingly. 28. It is true that the testimony of a solitary eye witness can be believed ...... and another Vs. Sonali Bank and others, 37 DLR (AD) 42. Lawyers Involved: A.B.M. Bayezid, Advocate-For the Appellant. Mrs. Umme Kulsum, Begum, Deputy Attorney General-for the Respondent. Jail Appeal No. 01 of 2005 (From ......;tion of the sentence to imprisonment of life by my brother Md. Joynul Abedin J. 3. I feel difficult to persuade myself with the reasoning and discussions as well as the provision of law referred to in the judgment by my brother dismissing the appeal but modified the sentence as sta..Category: Criminal Law | Date: | Hits: 62
Janata Bank Vs. Rezwanul Haque and others, 2007, 36 CLC (AD)
..... 5. We have heard the learned Advocate and perused the connected papers including the impugned judgment. We do not find any substance in the point raised. In the interest for doing complete justice in the matter we are not inclined to interfere with the impugned judgment of the High Cour......ubstance in the point raised. In the interest for doing complete justice in the matter we are not inclined to interfere with the impugned judgment of the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 996. ...... Enayet Hossain Khan, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1-3. Not represented- Respondent Nos. 4-11. Civil Petition for Leave to Appeal No. 608 of 2006. (From the judgment and order dated 28.3.2006 passed by the High C......not inclined to interfere with the impugned judgment of the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 996. ..Category: Property Law | Date: | Hits: 19
Mohammad Dabiruddin Vs. A.K. Rezaul Karim and others, 2007, 36 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 993. ...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 993. ......sp; Civil Petition for Leave to Appeal No. 525 of 2005. (From the judgment and order dated 20th April, 2005 passed by the......y manner. In support of his contention refers to a decision in the case of Moudud Ahmed Vs. Anwar Hossain Khan, 15 BLD (AD) (1995) 12. 10. The Government is the custodian of maintaining the law and order situation in the Country and no body other than the Government is concerned under the..Category: Constitutional Law | Date: | Hits: 114
S.M. Fazlul Haque Manik Vs. Md. Habibullah Baher and others, 2007, 36 CLC (AD)
....ade hereinabove we find no merit in this petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 66; 14 MLR (AD) (2009) 79. ......ade hereinabove we find no merit in this petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 66; 14 MLR (AD) (2009) 79. ...... Md. Tafazzul Islam J Md. Abdul Matin J S.M. Fazlul Haque Manik......Petitioner Vs. Md. Habibullah Baher and others............Respondents Judgment October 3, 2007. Case Referred To- Ansaruddin Ahmed, Nasir Miah and others Vs. Senior ......ning the ballot papers were partly torn. The petitioner, therefore, contends that the impugned order allowing the application for recounting the ballot papers is illegal and cannot be sustained in law. 3. Challenging this order the petitioner moved the High Court Division under Article 10..Category: Election Law | Date: | Hits: 98
Director & Secretary, Ministry of Establishment & ors Vs. Md. Hossain & ors., 2006, 35 CLC (AD)
.... find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ...... of the Dhaka Central Jail and thereupon in the light of Ordinance of 1994 relating to payment of person to the Government employees the authority fixed Tk. 575/- as the monthly family pension and accordingly the plaintiffs are getting said amount. The plaintiffs also represented to the Governme......ed in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ......472;). 2. The suit filed seeking relief that the plaintiff is entitled to the benefit of benevolent fund and group insurance under the provision of Ordinance No. XXXIX of 1982 instead of the law prevalent on the aforesaid matters in 1968 and 1969 i.e. not as per provision of Government Se..Category: Employment/Service Law | Date: | Hits: 82
State Vs. Md. Wazed Ali & another, 2008, 37 CLC (AD)
....f causing death of Kalu and injury to Ashraf Ali and the post-mortem report of deceased Kalu indicated that he (Kalu) sustained several gunshot injuries in his person causing serious miscarriage of justice calling for interference by this Court. 7. We have heard Abdur Rouf Mia, the learned De...... judgment of the High Court Division and the same is affirmed and maintained. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: V ADC (2008) 979, 19 BLT (AD)(2011) 158. ......tin J The State ……………………….Appellant Vs. Md. Wazed Ali & another…….......Respondents Judgment August 7, 2008. Lawyers Involved: Abdur Rouf Mia, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-record-For the Appellant. Nurul Is......Bulbul inflicted gun-shot injury to P.W.2 Ashraf Ali and not Kalu. Such finding does not suffer misreading, mis-appreciation of non-reading of evidence in the case. There is therefore no warrant in law to interfere with the impugned judgment of the High Court Division and the same is affirmed and ..Category: Criminal Law | Date: | Hits: 38
Rafique Hawlader @ Rafique Contractor and others Vs. State, 2008, 37 CLC (AD)
....he learned Advocate for the petitioners found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 977. ......e trial Court after hearing the parties rejected the prayer observing that the case is under section 302 of the Penal Code and except evidence the accused petitioners case cannot be discharged and accordingly rejected this prayer. Being aggrieved and dissatisfied thereby the petitioners challeng...... Court Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Rafique Hawlader @ Rafique Contractor and others…......Petitioners Vs The State............................Respo......ter hearing observed that the trial Court failed to consider the F.I.R., charge sheet, statements of the witnesses, recorded under section 161 of the Code of Criminal Procedure required under law in the light of the decision reported in 17 BLD (A.D.) 54 and accordingly made the rule ab..Category: Criminal Law | Date: | Hits: 31
Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)
.... no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 970. ...... no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 970. ...... Advocate with A.K.M. Ali, Advocate instructed by Md. Nawab Ali, Advocate-on- Record-For the Respondent No.1. None represented -For the Respondent Nos. 9-10. Civil Petition for Leave to Appeal No. 447 of 2006. (From the judgment and order dated the 4th January, 2006 passed b......est-southern side of the disputed Dag No.1642 and 0.10 decimals of land on the western side of Dag No.1643 claiming that his wife Efatunnessa Khanam purchased on 29.01.1962 from her father-in-law, Siddique Ali, and then she gifted away the said property to defendant Nos.6 and 7. The plaint..Category: Property Law | Date: | Hits: 29
Liberty Food Company Limited Vs. Bombay Sweets and Company Limited, 2008, 37 CLC (AD)
....overall design and get up." 13. In view of the facts and circumstances of the case we do not find any illegality in the judgment of the High Court Division but for ends of justice, the petitioners should be at liberty to file application for fresh registration before the......t up and wrapper and Registrar shall be at liberty to consider the prayer for the petitioners in accordance with law. Ed. This Case is also Reported in: V ADC (2008) 967. ......ain, Advocate instructed by Md. Firoz Shah, Advocate-on-Record-For Respondent No.1. (Appeared with the leave of the Court). Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 864 of 2006. (From the judgment and order dated 17.08.2004 passed by the High ......f Trade Marks praying for registration with a new design, colour scheme, get up and wrapper and Registrar shall be at liberty to consider the prayer for the petitioners in accordance with law. Ed. This Case is also Reported in: V ADC (2008) 967. ..Category: Intellectual Property Law | Date: | Hits: 306
M/S. A.S. Trade International Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 959. ......no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 959. ......;ed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners (In all the Civil Petitions). Not represented- the Respondents (In all the Civil Petitions). Civil Petition for Leave to Appeal Nos. 47-49 of 2006. (From the judgment and order dated the 23rd October, 2005 pass...... facts in all these three leave petitions are that the respective petitioners imported Grey Portland cement by opening of respective Letters of Credit complying with the provisions of the relevant law and requirements and that at the time of opening of the respective letter of credit the Go..Category: Fiscal/Taxation Law | Date: | Hits: 68
Nezma Khatun Chowdhury Vs. Abdul Khaleque, 2003, 32 CLC (AD)
....to make out a case of requirement. He also argued that the finding of the learned Single Judge is based on proper appreciation of materials on record and as such there is no question of failure if justice. 7. We have heard the learned Counsel of both sides and considered their submis...... High Court Division. For the above reasons, we find no merit in the appeal. Accordingly, this appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 954. ......ent Syed J.R. Mudassir Husain J.- This appeal arises out of leave granted by this Division in civil petition for leave to Appeal No. 1302 of 1999 against the judgment and order dated 22-7-1999 passed by a Single Bench...... High Court Division. For the above reasons, we find no merit in the appeal. Accordingly, this appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 954. ..Category: Property Law | Date: | Hits: 32
Fazor Ali Vs. Md. Marfat Ali and others, 2007, 36 CLC (AD)
....erials and as such the impugned judgment is liable to be struck-down. He also submits that the learned Single Judge of the High Court Division committed a grave error of law occasioning failure of justice in not finding that the court of appeal below upon misconception of law and misreading of t......ints raised. The High Court Division upon correct assessment of the materials on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 952. ......l Islam Bhuiya, Advocate-on-Record-For the Petitioner Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Not represented- For Respondent Nos. 2-5 Civil Petition for Leave to Appeal No. 1146 of 2006. (From the judgment and order dated 12.04.2006 passed by the High......vil petition for leave to appeal. 7. Nurul Islam Bhuiya, the learned Advocate-on-Record for the petitioners submits that the impugned judgment and order of the High Court Division are bad in law and fact. He further submits that the learned Judge of the High Court Division based his judgme..Category: Property Law | Date: | Hits: 24
Sree Santash Kumar Sarker and another Vs. Sree Shanker Chandra Mondal and others, 2007, 36 CLC (AD)
....nctus officio and thereby the application for recalling the order is not legally maintainable and per se the impugned order is bad in law and as such the same is liable to be set aside for ends of justice. Learned Advocate further submits that the applicant-respondent No.6 was not a pa......have heard the learned Advocate-on-Record and perused the materials available on record and reasons to believe that the submissions of the learned Advocate for the petitioners has got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V A......llip;...... Petitioners Vs. Sree Shanker Chandra Mondal and others………………. .......Respondents Judgment October 2, 2007. Lawyers Involved: Syed Mahbubur Rahman, Advocate-on-Record......on 23-10-2005 and as such the High Court Division had become functus officio and thereby the application for recalling the order is not legally maintainable and per se the impugned order is bad in law and as such the same is liable to be set aside for ends of justice. Learned Advocate furth..Category: Property Law | Date: | Hits: 26
Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)
....dra Das, such alienation took place, non-consideration of such factual and legal proposition led the single Judge of the High Court Division to commit error in law which resulted in miscarriage of justice. He lastly submits that admittedly the suit is brought for the relief for declaration of ti......ved at a correct decision. We therefore find no interference with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 944. ......mmad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Palash Kumar Saha and another ………………..Petitioners Vs. Santosh Chandra Roy and others ………………Respondents Judg......of her deceased husband Harendra Chandra Das, such alienation took place, non-consideration of such factual and legal proposition led the single Judge of the High Court Division to commit error in law which resulted in miscarriage of justice. He lastly submits that admittedly the suit is brought..Category: Property Law | Date: | Hits: 23
Md. Alam Vs. Commissioner of Customs & others, 2007, 36 CLC (AD)
....e above, we find no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 917. ......e above, we find no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 917. ......n: V ADC (2008) 917. ......ing for the petitioner submits that the High Court Division was not justified is not considering the fact that the supplementary duty fixed at 25% per Metric Ton on Grey Port Land Cement is without lawful authority inasmuch as the same has been fixed arbitrarily and without fulfillment of the re..Category: Fiscal/Taxation Law | Date: | Hits: 65
AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
....circumstances of the case and rejecting the application for amendment and an application under Order XLI, rule 27 of the Code of Civil Procedure without considering in its real perspective, ends of justice has not been secured by rejecting those application. Thus, in the facts and circumstances o......High Court Division accepted the proposition of law laid down for the purpose of amendment that the amendment of the pleadings can be made at any stage of the proceeding but upon finding that according to the facts of the instant case the statements made in the proposed amendment as paragra......Shaheen Quoraishi and others......Respondents Judgment January 16, 2007. The Code of Civil Procedure, 1908 (V of 1908), Order VI, rule 17 The High Court Division ought to have allowed the application for amendment of the plaint with prayer to adduce additional eviden...... amendment of the plaint and under Order XLI, rule 27 of the Code of Civil Procedure and permitting both the parties to take necessary steps in the suit for disposal of the suit in accordance with law. &nbs..Category: Procedural Law | Date: | Hits: 173
....illegality 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: 14 MLR (AD) (2009) 40.
...... shall stand discharged; the petitioner although had all the eagerness to comply with the above direction of the High Court Division but having incurred huge loss due to shortage of supply of gas and accordingly not in a position to deposit the 2nd installment of Tk. 15,00,000/- by 20.4.2003 prayed ......Md. Abdul Matin J
Md. Shahabuddin...............Petitioner
Vs.
Manager-in-Charge, Abika, Narayangonj Titas Gas, T & D Co. Ltd. and others .............. Respondents
Judgment
October 30, 2007.
Result:
The petition is dismissed.
Lawyers Involved:
Abdul Baset Majumd...... within period fixed i.e. 20th April, 2007.
Resultantly, Rule stands discharged and stay granted is vacated."
6. We are of the view that the High Court Division considering the facts and the law involved discharged the Rule and accordingly there is no illegality or infirmity in the decision..
Category: Civil Law | Date: | Hits: 120
S. M. Delwar Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
.... 25.2.2007 constituting an Ad-hoc Managing Committee suspending the elected Managing Committee without giving it any opportunity to be heard was illegal being violative of the principle of natural justice and as such the judgment and order passed by the High Court Division is liable to be set as......ing the period of stay of operation of the judgment and order dated 27.6.2005 passed in Writ Petition No.5807 of 2004 the said Ad-hoc Committee continued to discharge its functions and accordingly held the election on 31.7.2005 legally and further that the High Court Division has fa......e writ petitioners is directed against the judgment and order dated 7.6.2007 passed by a Division Bench of the High Court Division in Writ Petition No. 2119 of 2007 discharging the rule by refusing to interfere with Memo. No. 1146 dated 25.2.2007 issued by the District Cooperative Officer, D......n Ad-hoc Managing Committee suspending the elected Managing Committee of the Samity was illegal and without jurisdiction. He further submits that the High Court Division also committed an error of law in failing to appreciate and consider that the said memo dated 25.2.2007 constituting an Ad-hoc..Category: Civil Law | Date: | Hits: 126
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