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Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
....dents but has not obtained any permission of the Secondary and Higher Secondary Board. The appellate Court finally, allowed the appeal upon observing that the trial Court in the background of the facts and circumstances of the case failed to hold that plaintiff would suffer irreparable loss and......Division (Criminal) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Shahid Hossain Khan (Md) .....................Appellant Vs. Abdul Bashed Lashkar and others..........Respondents Judgment July 17, 2006. Cases Referred To- ...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 216
Bangladesh Vs. Md. Abdur Razzak and others, 2007, 36 CLC (AD)
....Administrative Appellate Tribunal in A AT Appeal No. 147 of 2003 arising out of those dated 20-1-2003 in Administrative Tribunal Case No. 224 of 2002 dismissing the appeal summarily. 2. The facts, in short, are that the respondent No. 1 Md. Abdur Razzaque was appointed as MLSS on 22-2-197......Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Bangladesh...........................................Appellant Vs. Md. Abdur Razzak and others..................Respondents Judgment February 7, 2007. Lawyers In......17. In view of the discussion made above, we do not find any grounds to interfere with the impugned judgement and order. The appeal is dismissed without any order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 117
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
..... Hossain also submitted that the suit having been decreed on admission, the whole prayer in the plaint without condition stands admitted and there is no scope for applying section 34(2) CPC in the facts of the case. 8. In the context of the contentions raised it becomes necessary to consider ......) (1990) 294.......is set aside. The Money Execution case be struck off and the attachment of the appellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294...Category: Banking Law | Date: | Hits: 134
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....document. The question as to whether the document is a genuine one or it represents the true state of affairs is a question of fact which is to be decided by the Court concerned in the light of the facts and circumstances of the case. There is no legal presumption which the Court is bound to m......), section 7 The Evidence Act, 1872 (I of 1872), section 64 The Transfer of Property Act, 1882 (IV of 1882), section 111(f) Practice & Procedure Surrender of an under-tenancy right to the landlord need not be in writing. It may be inferred from act and conduct of the parties as well. On c......ection 111(f) Practice & Procedure Surrender of an under-tenancy right to the landlord need not be in writing. It may be inferred from act and conduct of the parties as well. On consideration of evidence, oral and documentary, and the attending circumstances, both the trial Court and the appell..Category: Property Law | Date: | Hits: 38
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
.....12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ......1990) 285; 1990 BLD (AD) 194. ......ames of the persons witnessing the refusal under rule 84(e), the report cannot be accepted. And the courts below failed to consider this relevant provision of law and committed error. Considering the evidence adduced by the appellants not duly considered by the High Court Division and the trial cour..Category: Procedural Law | Date: | Hits: 116
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....luded contract but in that case such contract will confine to mere supply of the generators and not for installation and maintenance of generators in terms of the floated Tender. 24. So, in the facts and circumstances as stated above, the High Court Division fell in error in holding that in ...... Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Managing Director, WASA.............................Appellant Vs. Md. Ali and others………………………………………………Respondents Judgment July 1......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ......zul Islam J Rabia Bhuiyan, MP…………………………………..Appellant. Vs. Ministry of Local Government and Rural Development & others... ..................Respondents Judgment August 27, 2......ures including holding public hearings for setting an application under this section (section 8 Act); — for seizing any equipment if he had reason to believe that it may furnish evidence of the commission of an offence under the Act (section 10); - for the formulati..Category: Environmental Law | Date: | Hits: 255
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....st so made unsustainable in law referred to the case of Ministry of Works and others vs Helaluddin Ahmed reported in 4 MLR (AD) 140. The fact of the aforesaid case is quite distinguishable from the facts of the instant case and when we drew attention of the learned Counsel to the facts of the case......te Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Rowshan Ara Begum…………………………..Petitioner Vs Secretary, Ministry of Works and Urban Development, Government of Bangladesh and others......Respondents Judgment: Decembe......sanction of law, that mutation in the record of the Government was made without approval of the competent authority. The Court of Settlement dismissed the case observing, amongst others, “No oral evidence has been adduced by the petitioner that Sahera Khatun was present and her whereabouts were ..Category: Property Law | Date: | Hits: 37
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
....ment in the schedule of the Rules of 1980 was made in 1986 and the writ-petitioner having had the notice thereof joined in his service in 1995. So the aforesaid contention in the background of the facts of the instant case is of no merit. The learned Counsel for the petitioner could not point ou......or Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented—The Respondents Civil Review Petition No. 47 of 2005 (From the Judgment and Order dated December 4, 2004 passed by the Appellate Division in Civil Petition for Leave to A......e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 76
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......min CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Ali Hussain Faraji & others......................Petitioner Vs. Abdul Ali Pradhania @ Abul and another.......Respondent Judgment August 15, 2007. Lawyers Involved: ...... by the Meghna Dhanagoda Barrage it was a proper case where decree for injunction could be granted and further the defendants did not agitate co-ownership in their pleadings nor did they adduce any evidence to that effect and their defence was based on exclusive ownership and possession but the ..Category: Property Law | Date: | Hits: 33
Meghna PET Industries Ltd and others Vs. Md. Mostafa Kamal & others, 2007, 36 CLC (AD)
....oup of industries, they are equally liable like borrowers to repay the loan and in case of failure of the borrowers to repay the loan, the guarantors are liable to repay the same. 11. In the facts and circumstances of the case and in view of the discussion made above, we are of the view t......ion No. 477 of 2005). Abdur Razzaq, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record—For the Petitioners. (In Civil Petition No. 478 of 2005). Rafique-ul-Huq and Khandker Mahbubuddin Ahmed, Senior Advocate instructed by Ahsanullah Patwary, Advocate-on-Reco......faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 108
Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)
....970 passed by the Dacca High Court Writ Petition No. 101 of 1968) Judgment K. Hossain J.- In this appeal an interpretation of S. 167(9B) of the Sea Customs Act is involved. The facts leading to the question in appeal are that M.M. Shafiullah, the firm respondent, the sole pro......hmud Hossain CJ Kemaluddin Hossain J D. C. Bhaitacharya J Collector of Customs, Chittagong & anr……………Appellants Vs. M.M Shafullah and ors………….…Respondents Judgment June 29, 1977. ......he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....atement recorded by PW 18—an Executive Officer— no matter he was vested with powers of a Magistrate also. Avoidance of the Munsif-Magistrate should therefore be considered in the light of other facts and circumstances of the case. 17. PW 4, a neighbour and occasional rickshaw-puller, says......72 (I of 1872) Sections 157 & 5 The statement of a witness recorded under section 164 of the Code of Criminal Procedure is meant for binding him down to the statement made during investigation and in the case of any glaring inconsistency amounting to perjury, the witness may be prosecuted for......al Procedure is meant for binding him down to the statement made during investigation and in the case of any glaring inconsistency amounting to perjury, the witness may be prosecuted for giving false evidence. The defence may use it to contradict the witness, whereas the prosecution may use it to co..Category: Criminal Law | Date: | Hits: 74
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
....inal complaint suffers from no law of limitation and that an alleged criminal act will never go untried. This court hold that there is no legal bar for instituting a fresh prosecution on the selfsame facts after a proceeding is stopped and accused released under section 339C (4) of the Code. Order o......lso reported in: 42 DLR (AD) (1990) 250 ...... of criminal jurisprudence that a criminal complaint suffers from no law of limitation and that an alleged criminal act will never go untried. The manifest intention of the legislature is further evidenced by the enactment of Ordinance No. XXXVII of 1983 on 8.8.83 whereby it was provided that ..Category: Criminal Law | Date: | Hits: 46
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
....aced upon decision of the High Court Division in the case of Syed Md. Sakk Vs. Bangladesh (1975) 27 DLR 328. 4. The learned Judges of the High Court have distinguished the said case on facts and have pointed out that it was held in the said case that the order of suspension having be......ructed by S. M. Huq. Advocate-on–Record- For the Petitioner. Not represented - Respondents. Civil Petition for special leave to appeal No.199 of 1977 (From the Judgment and Order dated 21-7-1977 passed by the High Court in Writ Petition No. 288 of 1967) Judgment ...... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ..Category: Employment/Service Law | Date: | Hits: 79
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....was called for on the application of the plaintiffs and thereupon rejecting the finding of the lower appellate Court that from the plaintiffs' side suit register was not called for to dislodge the facts stated in Exhibit Uma. The learned Counsel further submits since Exhibit Uma, information sli......missed with costs. Ed. ...... the land on behalf of the defendant Nos.2 and 3, that the plaintiffs at no point of time had right, title and interest as well as possession in the land in suit. 5. On consideration of the evidence, both oral and documentary, particularly Exhibits 1 and 2 (sale certificate and certificat..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh........................Petitioner Vs. Md. Shahabuddin and others.................Respondents Judgment June 18, 2006. Lawyers Involved: Md. Af......Abdul Barek Bepari obtained the decree for specific performance of contract without service of summons on the defendants thereof, that the judgment of the appellate Court suffers from misreading of evidence and, as such, same is not sustainable in law. 6. We have heard the learned Advocate-on-R..Category: Tenancy Law | Date: | Hits: 156
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....as submitted that in terms of the aforesaid compromise decree defendants i.e. respondent Nos.1 and 2, having had not taken any step in obtaining kabala in respect of the land in suit, the said facts clearly demonstrate that the transferees i.e. respondent Nos.1 and 2, failed to perform thei......llant Vs Nasim Bin Rahman & ors... ................Respondents Judgment January 21, 2007 Cases Referred To- Smt. Thakamma Mathew vs. M. Azmatullah Khan and others, AIR 1993 (SC) 1120; Kanhaiyalal vs Mulla Abdul Hussain (deceased by LRS) and others, AI......aining their possession of the land in suit, that the High Court Division was wrong in proceeding with the premise that the defendants were ready and willing to perform their part although any evidence was not brought on record to establish the said fact. It has also been submitted on behal..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....ights to the parties concerned". 15. On reading provision of section 143 of the Act and the Rule 23(4) of the Tenancy Rules, 1955 we are of the view that the Revenue Officer in the facts and circumstances of the instant case in cancelling the mutation obtained by the plaintiff in...... Advocate instructed by AKM Shahidul Huq, Advocate-on-Record—For Respondent No. 1. Not Represented—Respondent No. 2 Civil Appeal No. 161 of 2002 (From the Judgment and Order dated June 29, 2000 passed by the High Court Division in Civil Revision No.414 of 1988 (......t acquire any title from Bipin Chandra who is said to have taken settlement from the ex-landlords and that settlement to Bipin Chandra by ex-landlords was not proved, that defendants proved by the evidence of DWs 3 and 4 that the land in suit is Eidgah, Swashan and Debesthan, etc., that in view ..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....tice for eviction of certain persons from the disused lands was issued by the respondent under the East Bengal Act X of 1953. It was stated in the said petition for amendment of the plaint that all facts were not properly stated in the original plaint of the suit which was deficient in certain d...... Supreme Court Appellate Division (Civil) Present Syed A.B.M. Husain CJ Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Dr. Abdur Rahman and others………….. Appellants Vs. Bangladesh…&helli......rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 36
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