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Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)
....n is coming which cannot be entertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ...... 38 months upto 28.02.1998 after expiry of the work order period on 26.12.1994. Due to negligent act the 2nd party compelled the 1st party to continue the work upto 28.02.1998 and the 1st party is accordingly entitled to get back the excess money they paid for their skilled works for 38 months b......ip;..........Petitioner Vs. A. Latif & Company Limited and another…………........Respondents Judgment March 27, 2008. Case Referred to- Coal Controller Vs. Ventura Industries, 45 DLR (AD) 184. Lawyers Involved: ...... failed to appreciate that the proceeding of Arbitration Miscellaneous Case No. 39 of 1997 under Section 8 of the Arbitration Act, 1940 was illegal and without jurisdiction and thus erred in law in dismissing the appeal and not setting aside the award in question inasmuch as Section 8 of t..Category: Business or Commercial Law | Date: | Hits: 129
Nur Nahar Begum Chowdhury and others Vs. Hazi Mostafizur Rahman and others, 2005, 34 CLC (AD)
....terials on record discharged the Rule and accordingly no interference is called for. The appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 749. ......based on materials on record, declined to interfere with the same. We are of the view that the High Court Division on correct appreciation of the materials on record discharged the Rule and accordingly no interference is called for. The appeal is dismissed with costs. Ed. ......he respondents, as plaintiffs, instituted the above suit praying for declaration of title and also recovery of possession of .07 acres of land, being part of land of R.S. Plot No.2543 appertaining to R.S. Khatian No.1109 at Mouza Cox's Bazar as described in the schedule of the plaint, stating in...... 30.4.36 was framed nor the plaintiff respondents took any step for local investigation to ascertain the identity of suit land and thereby the courts below and the High Court Division erred in law in deciding the title of the plaintiff in Plot No.2543 without at all ascertaining the identity..Category: Property Law | Date: | Hits: 29
Md. Dulal Mia Vs. State, 2008, 37 CLC (AD)
....mstantial evidence both the Tribunal and the High Court Division have erred in law in convicting the accused petitioner for murder of his wife for dowry and as a result there has been a failure of justice. 7. We have heard the learned Advocate for the petitioner, considered the Jail Petit......the evidence and materials on record found that accused Dulal murdered his wife, deceased Hazera Khatoon, in his hut for dowry and his mother accused Julekha was not responsible for the murder and accordingly Dulal was convicted for murder and awarded death sentence and Julekha was acquitte......llip;…………….Respondent Judgment May 4, 2008. Lawyers Involved: ABM Bayezid, Advocate-For the Petitioner. Abdur Rouf, Deputy Attorney General - For the Respondent. Jail Petition No. 6 of 2004 With Criminal......submitted charge-sheet dated 12.8.1997 under section 10(1) of Nari-O-Shisu Nirjaton (Bishes Bidhan) Ain, 1995 against accused flulal and Julekha who were respectively the husband and the mother-in-law of the deceased Hazera Khatoon. 3. At the commencement of the trial a charge under secti..Category: Criminal Law | Date: | Hits: 51
Fazlur Rahman Sikder Vs. Abdul Hashem Howlader & others, 2006, 35 CLC (AD)
....nfirmity 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) 687. ......y;mission for its registration and the plaintiff also filed C.R. Case No.19 of 1971, which was ultimately dismissed, against the defendant No. 1 alleging fabrication of the said sale deed and accordingly the plaintiff was aware of the same and so the suit not being filed within time is also...... Judgment August 6, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 572 of 2005. (From the judgment and order dated 30th March, 2005 passed ......sion No.3839.of 1993 and the High Court Division, after hearing, discharged the Rule. 3. The learned counsel for the petitioner submitted that the High Court Division committed error of law in not holding that Lehajuddin did not execute the sale deed, the defendant No.1 did not acqui..Category: Property Law | Date: | Hits: 25
Sheikh Abdul Mazed Vs. Md. Shomrej Ali Mandal and others, 2006, 35 CLC (AD)
.... also contended that since no important question of law is involved in the revisional application filed under section 115(4) of the Code of Civil Procedure and as there has been no failure of justice in view of the order passed by the trial Court and as such the revisional application was n......d by the courts below and consequent thereupon there was no failure of justice. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 680. ......dgment July 9, 2006. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1133 of 2005. (From the Judgment and Order dated May 7, 2005 passed by the Hig......ere not in error in passing the orders in respect whereof the defendant moved the Court of District Judge and the High Court Division. It was also contended that since no important question of law is involved in the revisional application filed under section 115(4) of the Code of Civil Proc..Category: Procedural Law | Date: | Hits: 58
Hafez Md. Bilal Patwary @ Md. Billal Hossain Patwary Vs. Bangladesh, 2007, 36 CLC (AD)
....nt reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 678. ...... filed by the respondent No.2 wherein the writ petitioner admitted that he did not pass Alim examination at the time of his appointment but he did so after his appointment. The High Court Division accordingly observed that this is evident from the photocopy of the writ petitioner's Alim Examinat...... 22, 2007. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Zainul Abedin, Advocate-on-Record -For the Respondents. Civil Petition for Leave to Appeal No. 857 of 2004. (From the judgment and order dated 05.05.2004 passed by the High ......nt reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 678. ..Category: Civil Law | Date: | Hits: 87
Sayed Ahmed Majumder Vs. Samsul Hoque and others, 2006, 35 CLC (AD)
.... 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) 673. ...... 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) 673. ......slam Bhuiya, Advocate-on-Record-For the Petitioner. Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1-4. Not represented- Respondent Nos. 5-14. Civil Petition for Leave to Appeal No. 954 of 2005. (From the judgment and order dated 28th March, 2005 passed by the......there is nothing on record to show that before purchasing some land, from the defendant No.1 in 1381 B.S. the plaintiffs ever paid rent; that Tukku Mia had been living at the house of his father-in-law till his death at the age of 60-65 years and after his death his son, plaintiff No.1, also liv..Category: Property Law | Date: | Hits: 20
Rahmat Goni Vs. Mrs. Meherun Nessa & others, 2006, 35 CLC (AD)
....rrect decision. There is no cogent ground to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 670. ......ney. The plaintiff requested the defendant No.2 to pay the collected rents to her but the defendant No.2 refused. The defendant No.2 tried to grab the whole property in question. The defendant No.2 accordingly created a deed of cancellation dated 29.10.1997 and the deed of exchange dated 19.10.19......Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on- Record-For the Petitioner Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1217 of 2005. (From the judgment and order dated 30.07.2005 passed by the High......n of the plaintiff in the suit land is rather undisputed. 9. The learned Counsel argued that the heba-bil-ewaj deed dated 07.12.1982 having not fulfilled the basic requirements of the Muslim law, it was not a heba-bil-ewaj creating any right, title and interest in favour of the plaintiff a..Category: Property Law | Date: | Hits: 26
Mosammat Namiran Nessa Vs. Aftaruddin & others, 2007, 36 CLC (AD)
....cision. There is no cogent reason to interfere with the judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 662. ......t admittedly the plaintiff is the brother's son of Namiruddin and the defendant Nos. 4 -22 are heirs of Nishi Bewa and Namiran Nessa was not a blood relation of Namiruddin. The High Court Division accordingly concluded that the trial Court on consideration of the evidence on record rightly found......ul Islam Bhuiya, Advocate-on-Record-For the Petitioner. Zahirul Islam, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-22. Civil Petition for Leave to Appeal No. 356 of 2006. (From the judgment and order dated 16.08.2005 passed by the High ......rther case is that Namiruddin had no issue and he adopted Namiran Nessa as his daughter. Namiran Nessa was given in marriage with the defendant No.23 and was taken as domesticated son-in—law. They used to reside at the dwelling house of Namiruddin who being satisfied, expressed his in..Category: Property Law | Date: | Hits: 23
Mosammat Ashrafee Begum and others Vs. Md. Siddiqur Rahman Patwari and others, 2007, 36 CLC (AD)
....ind, the judgment ought have but the result arrived at call for no interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 659. ......ind, the judgment ought have but the result arrived at call for no interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 659. ......ecord-For the Petitioners. Md. Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1, 2, 9-12. Not represented- Respondent Nos. 3-8 & 13-17. Civil Petition for Leave to Appeal No. 1685 of 2003. (From the Judgment and Order dated June 29, 2003 passed by the H...... Ranjan and he became untraceable long back that Umesh Chandra Chakravarty had a daughter Labonya Probha, that said Labonya was married to Monoranjan and he was living in the house of his father-in-law. Umesh gifted his property to Monoranjan and Labonya. Monoranjan sold to the plaintiff 65 deci..Category: Property Law | Date: | Hits: 20
Government of Bangladesh and others Vs. Md. Amdadul Huq, 2007, 36 CLC (AD)
....tance in the submission of the learned Advocate for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 657. ......tance in the submission of the learned Advocate for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 657. ...... others................Petitioners Vs. Md. Amdadul Huq...............Respondent Judgment May 10, 2007. Lawyers Involved: Syeda Afsar Jahan, learned Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioners. Md. Nawab...... appearing for the petitioners submits that reasons for delay having being satisfactorily explained by filing an application for condonation of delay, the Administrative Appellate Tribunal erred in law in rejecting the application. The learned Deputy Attorney General further submits that the rea..Category: Administrative Law | Date: | Hits: 97
MD, Natore Sugar Mills Ltd, Natore & ors. Vs. Md. Mostafizur Rahman, 2008, 37 CLC (AD)
.... the defendant petitioners retired the plaintiff respondent on 24.11.1996 as he attained the age of retirement i.e. 57 years on that date and as a result there has been a miscarriage of justice. 9. We have heard the learned Advocate-on-Record and perused the connected papers in......tendent alleging, inter alia, that the plaintiff joined Zeal Bangla Sugar Mills (formerly Zeal Pak sugar Mill), Jamalpur on 26.1.1965 as a Fitter and thereafter he passed the S.S.C. Examination and according to the S.S.C. Certificate his date of birth was 31.12.1948. The plaintiff the...... Supreme Court Appellate Division (Civil) Present: M.M. Ruhul Amin J Md. Joynul Abedin J Md. Abdul Matin J Managing Director, Natore Sugar Mills Limited, Natore and others..........Petitioners Vs. Md. Mosta......ived 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) 655. ..Category: Employment/Service Law | Date: | Hits: 61
Mosa. Rabeya Khatun Vs. Md. Afzal Hossain Prang. and others, 2007, 36 CLC (AD)
....ocate for the petitioner deserve no consideration. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 646. ......the impugned judgment that calls for an interference." In view of the above, the submissions of the learned Advocate for the petitioner deserve no consideration. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported i......b Ali, Advocate-on-Record-For the Petitioners. Bivash Chandra Biswas, Advocate-on-Record-For Respondent Nos. 1-2 Not represented-Respondent Nos. 3-82. Civil Petition for Leave to Appeal No. 164 of 2006. (From the judgment and order dated the 6th day of December, 2005 ......ders the pre-emption case is liable to be dismissed. 4. Mr. Mohammad Nawab Ali, learned Advocate-on-Record, appearing for the petitioner submitted that the High Court Division erred in law in failing to discuss and consider the evidence of P.W. 1 who himself admitted the fact that ou..Category: Property Law | Date: | Hits: 21
Secretary, Zilla Parishad, Faridpur Vs. Md. Lutfur Rahman and others, 2005, 34 CLC (AD)
....ade hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 636. ......atus of Lower Division Assistant cum Typist and that while he was discharging the duty of the Stenographer in the office of the Chairman he was promoted to the post of Stenographer on 1.9.1990 and accordingly the Respondent No.1 joined in the post of Stenographer in the office of the Chairman of......the defendant No. 1 against the judgment of the. High Court Division dated February 1, 1999 in Civil Revision No.1182 of 1997 making the Rule absolute upon reversing the judgment and decree dated October 7, 1996 of the Court of Subordinate Judge (now Joint District Judge) Faridpur, in Title Appe......perform the functions of the Zilla Parishad whimsically and for that he was removed, that immediately before his removal the Chairman in hot haste promoted the plaintiff upon total disregard of the law and rules to the post of Stenographer, that the promotion so made was not acted upon,' that th..Category: Civil Law | Date: | Hits: 107
Bangladesh Bank and another Vs. Administrative Appellate Tribunal, 1991, 20 CLC (AD)
....ight. Under the new dispensation the petitioners have only the right to seek leave for appeal. This Court's power under clause (3) of Article 103 to interfere in suitable cases where miscarriage of justice has occurred is very wide, It is neither possible nor would be expedient to lay down any g......'s own rule. The direction of the Appellate Tribunal suffers from no infirmity. The petitions are dismissed. Ed. This Case is also Reported in: 44 DLR (AD)(1992) 239. ......ent No. 3. (In Civil Petition No. 308 of 1991). Not Represented ‑ Respondent Nos. 1-2 & 4‑5. (In Civil Petition No. 308 of 1991). Civil Petition for Leave to Appeal Nos. 291 & 308 of 1991. (From the judgment and order dated 5th June, 198......rt. The petitioners' contention is that the new provision for leave to appeal is procedural in nature and it is to be given retrospective effect. It is submitted by some other Counsels that the new law is of declaratory nature and it should be given retrospective effect, considering the backgrou..Category: Administrative Law | Date: | Hits: 180
Mazu Bibi and others Vs. Rabeya Begum and others, 2006, 35 CLC (AD)
....e hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 267; III ADC (2006) 702.......he land to Harish Chandra Nani Bala and others and they transferred the land to the defendant Nos.1 and 2 by registered kabala and thus they acquired right, title and interest in the land in suit and accordingly, SA record was prepared in their names, that defendants acquired the right, title and in...... ex parte decree dated September 26,1983 passed in Title Suit No. 849 of 1979. 2. The suit was filed seeking declaration of title in respect of 4.69 acres of land and confirmation of possession as to part of the land in suit and recovery of possession as to part of the property in suit and for pe......prehending that in case of prosecuting the suit or, in other words, opposing the claim of the plaintiffs placing reliance on the said documents there is likelihood of being prosecuted under the penal law for using forged and fabricated document before the Court claiming those to be genuine in spite ..Category: Limitation Law | Date: | Hits: 171
Bangladesh Vs. Kazi Shaziruddin Ahmed, 2003, 32 CLC (AD)
.... set aside the impugned judgment of the High Court Division. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 231. ...... set aside the impugned judgment of the High Court Division. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 231. ...... May 20, 2003. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 49 President's prerogative of mercy Article 49 of the Constitution gives the widest power to the President and no word of limitation can be indicated in the said Article and the order so pas......limitation can be indicated in the said Article and the order so passed by the President is obviously an administrative in nature as the head of the State and it cannot be justiciable in the Court of law. Such power of the President to commute any sentence is not subject to any constitutional or jud..Category: Criminal Law | Date: | Hits: 37
Uttara Bank Ltd. Vs. Subordinate Judge and others, 2006, 35 CLC (AD)
....urt to decide the claim by Uttara Bank Limited in accordance with law. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 229. ......urt to decide the claim by Uttara Bank Limited in accordance with law. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 229. ......volved: AQM Shafiullah, Advocate, instructed by Nurul Islam Bhuiyan, Advocate on-Record—For the Petitioner. Not Represented—The Respondents. Civil Petition for Leave to Appeal No. 1309 of 2004. (From the judgment and order dated 26-5-2004 passed by the High ...... High Court Division further held that Uttara Bank Limited may however represent their claim before the executing Court and the executing Court will decide the claim in accordance with law. 6. In the circumstances, we are of the view that the High Court Division rightly decide..Category: Civil Law | Date: | Hits: 80
Bangladesh Vs. Samondra Narayan Mahajan & another, 2006, 35 CLC (AD)
....thin 60 days. For the reasons and discussions above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 226; 26 BLD (AD) 2006, 145. ......ts. The Government neither utilised the said land nor took over possession of the same. The further case is that the Government decided to return the unutilised acquired land to the lawful owners and accordingly, a circular dated 22-5-1986 (Annexure-E to the writ petition) was issued. Thereafter, th......stry of Land and others.....Appellants Vs. Samondra Narayan Mahajan & another............Respondents Judgment June 20, 2006. Result: The appeal is allowed. Cases Referred to- Bangladesh vs. Commercial Trust of Bangladesh Ltd. 46 DLR (AD) 89; Ali Ahmed and others vs. ......titioner-respondents. The Government neither utilised the said land nor took over possession of the same. The further case is that the Government decided to return the unutilised acquired land to the lawful owners and accordingly, a circular dated 22-5-1986 (Annexure-E to the writ petition) was issu..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)
....any finding upon no evidence or without considering any material evidence/facts causing prejudice to the complaining party or that it had acted malafide or in violation of any principle of natural justice. In the absence of any of these conditions the interference by the High Court Division will......made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 218. ......c of People’s Republic of Bangladesh.......... Appellants Vs. Abdul Wahed Talukder ...........Respondent Judgment July 3, 2005. Cases Referred to- CQMH Md. Ayub Ali vs. Bangladesh and others, 47 DLR (AD) 71; Government of Bangladesh v......tition No. 336 of 1987 making the Rule absolute and thereupon declaring inclusion of the building in holding No. 6/5, Block F, Lalmatia, Mohammadpur, Dhaka in the list of abandoned buildings unlawful and without lawful authority. 2. Facts, in short, are that the property in question ..Category: Property Law | Date: | Hits: 32
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