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Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)
....tioner took loan of Tk.25 lacs from Janata Bank, Corporate Branch, 110, Motijheel C/A. Dhaka and as per statement submitted by him in his additional written objection dated 01.11.2003 he deposited in total a sum of Tk.4,59,000/- Tk.60,000/- on 14.08.2001, Tk. 1, 40, 000/- on 23.12.2001, Tk. 1, 00,00......the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:......the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:..Category: Election Law | Date: | Hits: 162
Khalid Alom Chowdhury Vs. State, 2008, 37 CLC (AD)
....er is under a strict legal duty to furnish a reasonable explanation and to show sufficient cause for condonation of inordinate delay. The High Court Division has observed that the petitioner "totally failed to satisfy the Court and has absolutely failed to prove the burden repos......n filing the revisional application. 13. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ......ated June 13, 2005 of a Single Bench of the High Court Division in Criminal Revision No. 656 (Con)of 2005 discharging the same. 2. The petitioner moved the High Court Division in revisional jurisdiction against the judgment and order dated May 14, 2000 of the Court of Metropolitan Sessio..Category: Criminal Law | Date: | Hits: 44
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......ining to R.S. Khatian Nos. 202 and 225 and R.S. record of rights was published in 1980." 10. In view of the above finding of the High Court Division there is hardly any cope to argue that in absence of any for partition the suit for declaration and recovery of possession was incompetent. ......caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ..Category: Property Law | Date: | Hits: 75
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ......not classified into four groups as contended by the appellants. All the four foreigners mentioned in the petition are no longer directors of the Bank as they have vacated their office by reason of absence from Board meetings for a continuous period of three months and/or for not attending three ......nate directors were not automatically re-appointed. 5. The learned Company Judge rejected the application with direction:- "that the Companies Act specifically provided the jurisdiction of the Company Court to be applied under specific provisions the Court does not have ..Category: Business or Commercial Law | Date: | Hits: 147
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ...... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ......se of Khurshid Ali vs. Noorjahan Bewa 1 MLR (AD) 210 it has been held that the findings of fact arrived at on proper consideration of evidence by the trial Court cannot be interfered in revisional jurisdiction unless the same is found absolutely perverse. In the present case the High Court ..Category: Property Law | Date: | Hits: 41
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....mity 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: 60 DLR (AD) (2008) 9. ......ctively, contested the suit and filed joint written statement contending that in view of the provisions under sections 14 and 14 Ka of Emergency Requisition and Acquisition Act 1948 and in the absence of seeking consequential relief of khas possession, the suit is not maintainable; the ......mity 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: 60 DLR (AD) (2008) 9. ..Category: Property Law | Date: | Hits: 37
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
.... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ......rt Division upon hearing made the Rule absolute and directed for release of the land as prayed for. 5. Leave was granted to consider the submission that the High Court Division acted beyond its jurisdiction in directing release of the aforesaid property when the same had already stood acquired..Category: Property Law | Date: | Hits: 46
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ......he Executive Committee of a unit was done away with and the Sub divisional Magistrate was made the ex-Officio Chairman. On 23.2.1985 by Ordinance No. IX of 1985 the Deputy Commissioner within whose jurisdiction a Unit was constituted was made the Ex-Officio Chairman of the Executive Committee of s..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....on is ousted in matters of election disputes, but also the extraordinary jurisdiction of the High Court Division under Article 102 of the Constitution is also ousted except on very limited grounds of total absence of jurisdiction or proved bad faith or malice in law. In conclusion, the learned couns......ousted in matters of election disputes, but also the extraordinary jurisdiction of the High Court Division under Article 102 of the Constitution is also ousted except on very limited grounds of total absence of jurisdiction or proved bad faith or malice in law. In conclusion, the learned counsel con......he election law is such that no dispute as to election can be raised at any intermediate stage, but it may be raised only after conclusion of the whole election process. This means that Civil Court's jurisdiction is impliedly excluded; it is therefore clear that the learned Single Judge wrongly held..Category: Election Law | Date: | Hits: 173
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......aration as to the fact that the appellant is the only son and heir of the original owner, by the owner himself and such assertion not being made before the magistrate or an affidavit commissioner, in absence of any other evidence to the contrary the court will not accept any such declaration without......ed on merits. In the case reported in 1969 SCMR 283 the High Court dealt with the question of the title, of the petitioner. The Supreme Court held the question of title should not be gone into writ jurisdiction of the High Court and the proper remedy of an aggrieved party in a case involving a que..Category: Property Law | Date: | Hits: 32
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ...... law has expired, the party which is out of time must, particularly in a case where vested rights have been assured through lapse of time, account for every day of delay". In the above case there was absence of explanation for the delay and as such prayer for condonation was not allowed. 9. In th......e prayer for condonation of delay and thereupon passed the order for registration of the appeal. As against the order of the appellate. Court the plaintiff moved the High Court Division in revisional jurisdiction and obtained the Rule. 5. The High Court Division on consideration of the facts p..Category: Limitation Law | Date: | Hits: 205
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
....d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ......d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ......n the ground that the petitioner was a person in the service of the Republic and consequently his remedy laid before the Administrative Tribunal and not before the High Court Division in writ jurisdiction. Accordingly, the High Court Division did not enter into merit of the matter. 8..Category: Employment/Service Law | Date: | Hits: 84
Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)
....n that date co accused Majibul Hoque and the petitioner Mahbubur Rahman worked as Assistant Post Master and ledger clerk respectively and thereafter on different dates from 10.01.1980 to 12.05.1982 a total sum of Tk.1,40,900/- was withdrawn from the said account through cheques keep in a balance of ...... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ...... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
....lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......cision is for any cogent reason finds an employee so recommended for consideration is not otherwise fit to be promoted. 19. The learned Counsel for the Respondent contends that in the absence of recommendation by the Selection Committee the Board is not competent to promote any emp......ng the accepted principle it is for the authority to make decision as regard the matter of promotion of a particular employee like Respondent No.2 and as such the Court would not be within its jurisdiction in making direction to an authority to promote a particular employee and thereby ..Category: Employment/Service Law | Date: | Hits: 54
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......as submitted that in the facts and circumstances of the case, the High Court Division must be deemed to have inherent power to do right and to undo wrong in the administration of justice as in the absence of express provision of law the High Court Division was not rendered powerless to do justic...... Exercise of inherent power must, of necessity, follow the filing of a suit or proceeding and not precede the same. To do that will be to put the cart before the house. 9. A Court must have jurisdiction over the proceeding before it can exercise any inherent power. And there will be no tw..Category: Civil Law | Date: | Hits: 119
Kanai Lal Roy Vs. Swaraswati Roy, 2006, 35 CLC (AD)
....e with law by giving opportunity to the concerned party to produce the will itself in question and prove it by adducing evidence". There is no order as to cost. Ed. ......tion the learned Advocates who were show to have represented him did not consult him. This fact remains unrebutted. 4. This Court while allowing civil appeal No. 151 of 2000 held that in the absence of establishment the genuineness of the probate letter of administration therefore can......e with law by giving opportunity to the concerned party to produce the will itself in question and prove it by adducing evidence". There is no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 62
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....ce vide Ext. E series and it was also due to misreading of oral evidence on record, namely the oral testimony of the P.Ws. with regard to possession". He also submits that High Court Division totally overlooking the finding made by the trial court and the appellate court on considerati......d of gift but the same was not filed before the court nor the contents thereof were proved by any competent witness although said deed of gift has bearing on the question of possession, that in the absence of the alleged deed of gift, High Court Division was in error in arriving at the finding a......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 23
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....sheet the P.O. and manner of occurrence are within the said house of the deceased and no where else but the prosecution shifted the P.O. and changed the manner of occurrence drastically with a total departure from the first information report and the said earliest documents but while P......ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ..Category: Criminal Law | Date: | Hits: 25
State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)
....commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ......nt for life and to pay a fine of TK. 10, 000/- each in default to suffer rigorous imprisonment for 1 (One) year more. Sarwar Hossain Mollah was absconding and as such the judgment was passed in his absence. Convict Moniruzzaman Kazi preferred Criminal Appeal No. 3225 of 1991. A Division Bench of......commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 29
BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)
.... a disputed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ...... a disputed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ...... submission that the High Court Division had acted beyond its competence in issuing the direction inasmuch as the Rule was not issued in the said terms and the High Court has acted in excess of the jurisdiction vested in it under the writ jurisdiction in creating the new post of ..Category: Employment/Service Law | Date: | Hits: 87
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