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Bangladesh Krishi Bank Vs. Messers Dadajee Ice Plant and Storage Ltd., 2006, 35 CLC (AD)

....w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ......tiff with financial help but ultimately did nothing and at the time of approaching the plaintiff was asked to supply lay out plan to defendant No.5 by letter dated 15.8.1988 and the plaintiff accordingly deposited the lay out plan and other necessary documents on 29.8.1988 but the Krishi Ba......ivision (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Bangladesh Krishi Bank represented by the Managing Director, Head Office, Dhaka. .....Petitioner Vs. Messers Dadajee Ice Plant and Storage Lt......ows that plaintiff's lack of knowledge prevented implementation of the contract and under apprehension of non-profitability, the plaintiff filed the suit and as such the Courts below erred in law decreeing the suit. The learned Counsel lastly submitted that the Courts below have also faile..

Category: Civil Law | Date: | Hits: 103

Md. Samiul Haque and others Vs. Khairul Alam and others, 2006, 35 CLC (AD)

....he appellate Court and thereby restoring the judgment and decree of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 920. ......he appellate Court and thereby restoring the judgment and decree of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 920. ...... Judgment June 25, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record - For the Petitioners. Not represented – the Respondents. Civil Petition for Leave to Appeal No. 385 of 2005. (From the Judgment and Order dated March 13, 2004 passed by the Hi......ts have paid some of the installments and as such Ext. c carries much more weight than the Ext.3 that in case Ext. c is genuine in that case plaintiffs' claim of title is not entertainable in law and as such plaintiffs are not entitled to the relief sought in the suit. On the aforesaid find..

Category: Property Law | Date: | Hits: 18

Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)

....el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ......or the guardianship, custody and adoption of minors, and for the maintenance of wives and children. Conversely, there are many situations in which, if a foreign court has jurisdiction according to English rules of the conflict of laws, its judgment or decree will be recognised in E..................Petitioner Vs. The Court of Joint District and 2nd Artha Rin Adalat, Dhaka and others......... Respondents Judgment January 26, 2006. Cases Referred to: Hanak v. Green [1958] 2 All E.R. 141, C.A.; The Leon [1985] 2 Lloyds L.R. 470; Gilbert......alia, in paragraph No. 5 of the written objection, that the application of the petitioner Nos. 1 and 2 was misconceived inasmuch the Investment and the Guarantee Agreement were governed by the laws of England. It is stated that the respondent No. 2 did not make the allegation that the l..

Category: Civil Law | Date: | Hits: 96

Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)

....made above we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ......made above we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ...... Mudassir Husain CJ M.A. Aziz J Amirul Kabir Chowdhury J Bangladesh represented by the Secretary, Ministry of Works and others...... Appellants Vs. Miss Nasima Khatoon and others.......Respondents Judgment May 04, 2005. Lawyers Involved: ......rs at 28/1, Nabin Chandra Goswami Road, P.S. Faridabad, Dhaka which belonged to her husband Mr. Md. Akhtar who purchased it by a registered deed dated 28.03.1956. Duricg the war of liberation the law and order situation compelled the writ petitioners' mother to keep the premises in questio..

Category: Property Law | Date: | Hits: 22

Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)

....se of its inherent power, require the offending party by issuing a temporary injunction in mandatory form to restore the status quo ante. This principle is in consonance with fair administration of justice and this power of making an order of mandatory injunction on an interlocutory application ma......is an essential feature of the administration of justice in the country. It is the duty of everybody, particularly the parties to the cause to assist the court in the discharge of its duty fairly and according to law, and any act, after the court has been in seisin of the case, which tends to interf......��…………………………….Appellants Vs. Abu Bakr Siddique…………………………………………………………Respondents Judgment June 18, 1976. Cases Referred to- National Bank of India Ltd. Vs. Yakub Mia of Yakub Stores, 7 DLR 606; Israil vs. Shamsur Rahm......e written objection by the appellants and that an application under rule 4 of Order 39 of the Code, instead of filing a written objection to the prayer for temporary injunction, was contrary to the law of procedure and was also undesirable. 3. The appellants preferred a Miscellaneous Appeal aga..

Category: Property Law | Date: | Hits: 31

Md. Shah Alam Mollah Vs. Md. Ruhul Amin Khan & another, 2007, 36 CLC (AD)

....ved at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 88. ......ved at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 88. ...... Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Criminal Petition for Leave to Appeal No. 256 of 2004. (From the judgment and order dated 10.07.2004 passed by the High ......ut he did not agree. As a result, the accused persons became infuriated. On the dated of occurrence the informant and his sister Shamima Nasrin after making election campaigning for his brother-in-law came back at night and after taking meal slept with witness Nos. 2 and 3 in their house. At abo..

Category: Criminal Law | Date: | Hits: 54

Md. Abu Safa Vs. Abdul Momen Chowdhury and others, 2006, 35 CLC (AD)

....es of this Court in the form of Public Interest Litigation, stating to the effect, that they are committed social workers and political activists for bringing social, economical and political justice to the people. The petitioners case is they filed the writ petition out of their sense of d....... Security of Tk. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: V ADC (2008) 64. ......s Involved: Ajmalul Hossain, Senior Advocate, instructed by Md. Nawab Ali, Advocate-On-Record-For the Petitioner. Not Represented-For the Respondent. Civil Petition for Leave to Appeal No. 766 of 2005. (From the judgment and order dated 24th May, 2005 passed by the H......have the right to elect or reject a candidate on the basis of their antecedents and past performance in order to see as the whether the candidates are competent to discharge their function as lawmaker and represent the people in the House of the Nation in the Parliament. The further case of..

Category: Election Law | Date: | Hits: 124

Ranjit and others Vs. Bangladesh, 2006, 35 CLC (AD)

....ed at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 58. ......-opposition stated that the petitioners fall within the purview of condition 4 of the advertisement and they have been given opportunity to apply for the vacant posts relaxing their age limits and accordingly, all the petitioners already applied for the posts advertised. 7. The High Court ...... others .......Respondents Judgment April 19, 2006. Cases Referred To- Bangladesh Biman Corporation Vs. Rabia Bashri Irene and others, 44 DLR (AD) 132; Managing Director, Rupali Bank Limited and others Vs. Chairman, First Labour Court and others, 46 DLR (AD) ...... Minister for regularizing their appointments on humanitarian ground and the Prime Minister's office sent the matter to the Secretary, Jatiyo Sangshad Sachibalay to consider the matter as per law. 5. The respondent No.1 contested the Rule by filing affidavit-in-opposition and denied ..

Category: Employment/Service Law | Date: | Hits: 70

Mvi. Md. Shafiqur Rahman and another Vs. Ambia Khatoon and others, 2007, 36 CLC (AD)

....ny illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. This Case is also Reported in: V ADC (2008) 49. ......ny illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. This Case is also Reported in: V ADC (2008) 49. ......M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Mvi. Md. Shafiqur Rahman and another ………….......Petitioners Vs. Ambia Khatoon and others …………………………&he...... terms of the provision of section 96(13) of the said Act 1950 being an appellable order, the proceeding under Order 9 Rule CPC is not at all maintainable and the High Court Division erred in law in observing that order 9 Rule 9 CPC is applicable in such proceeding. 4. As it a..

Category: Property Law | Date: | Hits: 26

Chairman, Raisree (North) Union Parishad & anr Vs. Abdul Khaleque & anr., 2006, 35 CLC (AD)

....ion and as such there is no cogent reason to interfere with the judgment sought be appealed. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 40. ......ion and as such there is no cogent reason to interfere with the judgment sought be appealed. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 40. ......ed: A. K. Mujibar Rahman, Advocate instructed by Md. Nurul Islam Chowdhury, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1301 of 2004. (From the judgment and order dated 24th March, 2004 passed by th......hy;nect villages through the khas land and during the pendency of the suit there was no construction of new road and so the decision as arrived at by the High Court Division cannot be sustained in law. 4. As it appears the trial Court decreed the suit on the findings that- &..

Category: Property Law | Date: | Hits: 37

Atiqullah alias Atik Vs. Mohammad Safiquddin, 2006, 35 CLC (AD)

....operly assessing the evidence in the light of the pleadings of the parties and also ignoring the documentary evidence which has resulted in an error in the impugned decision occasioning failure of justice". 9. Since the consideration of the evidence by he lower appellate Court was no...... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ......; Syed Mahbubur Rahman, Advocate-on-record-For Respondent Nos. 2, 3, 8. Not represented - Respondent Nos. 1, 4-7 & 9-11. Civil Petition for Leave to Appeal No. 768 of 2005 (From the Judgment and Order dated May 4, 2005 passed by the High ......ntiff failed to prove his exclusive possession is based on misreading of the evidence as well as non-consideration of the material evidence, that the appellate Court upon misconception of law held that the suit is not maintainable. 7. As against the aforesaid contention of..

Category: Property Law | Date: | Hits: 26

Government of Bangladesh & others Vs. Jahangir Alam & others, 2007, 36 CLC (AD)

....eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ......A launched the aforesaid SPPS Project with a view to protecting crops against pests and diseases. Initially this Project (SPPS Project) was undertaken as one and a single Project. Respondents were accordingly recruited for implementation of the Project. But towards the last Phase of the Pro................Respondents (In Civil Appeal No. 39 of 2005) Judgment May 24, 2007. Lawyers Involved: Syeda Afser Jahan, Deputy Attorney General, instructed by Ferozur Rahman, Advocate-on-Record-For the Appellants (In both the Ap......Petition No. 8254 of 2002 and Annexures-R, S and T as well as the letters dated 8.1.2003 vide Annexures-U and U-l in Writ Petition No. 4344 of 2003 should not be declared to have been made without lawful authority and to be of no legal effect. 3. The Department of Agricultural Extens..

Category: Constitutional Law | Date: | Hits: 146

Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)

....discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ......discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ......on in Civil Revision No. 4173 of 1994) Judgment Md. Ruhul Amin J. - Plaintiff obtained leave to appeal against the judgment dated February 13, 2002 of a Single Bench of the High Court Division......ed the suit that the plaintiff has failed to establish that the deed of gift was collusive and fraudulent. 7. Leave was granted to consider the submission that the settled principle of law is that the concurrent findings of fact arriving at by the courts below, however erro..

Category: Property Law | Date: | Hits: 46

Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)

....udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ......ional Attorney General submits that in view of the provision of the Eleventh Amendment all acts done while Mr. Justice Shahabuddin Ahmed was exercising powers of the Acting President being ratified according to law, the order challenged in the writ petition is to be deemed to have been ratified le......ther ………………Appellants Vs. Mostafizur Rahman ………………………………….Respondent Judgment May 6, 2007. Result: The appeal is dismissed without any order as to cost. Cases Referred to- Mostafizur Rahman Vs. Bangladesh, 51 DLR (AD) 1; Kudrat-E-Elahi Pa...... by majority judgment and order dated 09.12.1991. 3. Leave to appeal from the said judgment was granted on 30 April, 1992 to consider whether in the majority judgment the established principles of law as to the scope of judicial review of a detention order and evaluation of the grounds of detenti..

Category: Procedural Law | Date: | Hits: 107

State Vs. Md. Rafique Ahmed, 2007, 36 CLC (AD)

....he learned Deputy Attorney General for the petitioner merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 178. ......e case. The learned Deputy Attorney General further submitted that the High Court Division ought to have held that the allegation brought against the respondent was proved during investigation and accordingly, the charge sheet was submitted against him along with others. That the mere deposit of......;………….Petitioner Vs. Md. Rafique Ahmed.....Respondent Judgment August 1, 2007. Lawyers Involved: Muhammad Ali Akanda, Deputy Attorney General instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Petitioner. Not r...... 3. Mr. Muhammad Ali Akanda, learned Deputy Attorney General, appearing for the petitioner submitted that the judgment and order of the High Court Division is neither proper nor in accordance with law and facts of the case. The learned Deputy Attorney General further submitted that the High Cour..

Category: Criminal Law | Date: | Hits: 62

Nantu Vs. State, 2007, 36 CLC (AD)

....ure, torchlight which had been seized and produced in the Court. 11. Under the circumstances, he contends that the findings and decisions of the High Court Division has caused miscarriage of justice and as such the impugned judgment and order of conviction so far it relates to the pet......the learned Advocate for the petitioner have got no merit. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 174 ......d. Hassan Ameen J Nantu………………………..Petitioner Vs. The State .................Respondent Judgment October 3, 2007. Lawyers Involved: Syed Amirul Islam, Senior Advocate, instructed by Md......the learned Advocate for the petitioner have got no merit. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 174 ..

Category: Criminal Law | Date: | Hits: 37

Malek Gharami Vs. State, 2007, 36 CLC (AD)

.... interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 171. ...... interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 171. ......e-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 167 of 2004. (From the Judgment and Order dated April 19, 2003 passed by the H......ron was killed by strangulation and thereafter the dead body was thrown in the 'Khal' by the side of the house of the accused person, that inform ant was informed by his another son-in-law, namely Harun, that the dead body of informant's daughter was found in the 'khal' by the ..

Category: Criminal Law | Date: | Hits: 38

Abdul Momin Sarder Vs. State, 2007, 36 CLC (AD)

....e fact and circumstance of the case in the light of the legal evidence on record as the final court of fact while affirming the decision of the trial court and this has caused a miscarriage of justice. Hence the impugned judgment and order deserve interference by this court. 9. We hav......d the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 169. ......19, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not Represented- the Respondent. Criminal Petition for Leave to Appeal No. 110 of 2004. (From the judgment and order dated 28.3.2004 passed by the High C......led to prove the case beyond reasonable doubt as such the impugned order is liable to be set aside. The learned Advocate further submits that the learned Judges of the High Court Division erred in law in failing to apply their independent judicial mind to the fact and circumstance of the case in..

Category: Criminal Law | Date: | Hits: 41

State Vs. Matiur Rahman, 2007, 36 CLC (AD)

....to be tried simultaneously one after another. The trial court, in such cases, should be on its guard so that the evidence of one case is not imported into the other and thereby divert the course of justice to a wrong channel. ………(6) Cases Referred To- 1987 BCR......er father, P.W.1 and stayed therefore about one year; subsequently, pursuant to a salish by the villagers the victim was handed over to the condemned prisoner and accused Abdur Rashid and accordingly the victim was taken at the house of the condemned prisoner; in spite of above th......…......Respondent Judgment January 15, 2007. Trial of Cross Cases It is well-settled that if there is a case and a counter case, both the cases are required to be tried simultaneously one after another. The trial court, in such cases, should be on its guar......e prosecution having been able to prove their case beyond all reasonable doubts, the High Court Division fell in error in rejecting the reference and further, the High Court Division erred in law in discarding the prosecution witnesses for some artificial reasons not known to criminal ..

Category: Criminal Law | Date: | Hits: 58

State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)

.... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ......idence of Pws. specially that of Pws. 4, 9, and 10 and that the findings and decisions of the High Court Division, so far, it relates to dying declaration is not at all sustainable in law and accordingly, he submits that the impugned judgment and order of acquittal is not sustainable in law......llip;……….Petitioner Vs. Abdus Sattar and others .........Respondents Judgment April 3, 2007. Lawyers Involved: Golam Kibria, Deputy Attorney General, instructed by B. Hossain, Advocate-on- Record-For the Petitioner. Not repre......State as appellant has filed the present petition for leave to appeal. 14. The learned Deputy Attorney General submitted that the findings and decisions of the High Court Division is bad in law since it failed to sift the evidence on record. He further submits that High Court Division err..

Category: Criminal Law | Date: | Hits: 44

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