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Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......bsp; 2. Since both the appeals involved common question of law and facts they are being disposed of by this judgment. 3. The High Court D......p; 2. Since both the appeals involved common question of law and facts they are being disposed of by this judgment. 3. The High Court Division after readin..Category: Criminal Law | Date: | Hits: 79
State Vs. Md. Kamaluddin @ Pichi Kamal and ors., 2005, 34 CLC (AD)
....or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ......or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ......in Muradnagar Police Station Case No.8 dated 22.06.2002 under sections 147/148/341/323/307/379/365 and 34 of the Penal Code read with Sections 3 and 4 of the explosive substance Act. 2. The facts, in brief, are that one Nazrul Islam on 17.06.2002 filed a petition of complaint before the l..Category: Criminal Law | Date: | Hits: 71
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......estion and as such the appellate Court was not in error in setting aside the judgment and decree of the trial Court upon taking view as regard the matters i.e. the contents of the documents in question contrary to the view taken as to the same by the trial Court. The High Court Division also......e kabala (Ext.Ga-9 dated May 15, 1961) whereby Abdur Razzaque reconveyed the land which he purchased on July 26, I960 from Abdul Hamid plot number was mentioned as 8275, but in the totality of the facts and circumstances of the case the trial court arrived at the finding that the mistake in..Category: Property Law | Date: | Hits: 42
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
....e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ......e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ...... 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 o..Category: Employment/Service Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
.... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ...... in the prevailing International market introducing the tariff value in the Country since 1976 and with that end in view has introduced the SRO No./214 dated 28.10.1993 in respect of the import in question but the tariff value determined by the Government under the provision of section 25(7......cquiescing the notification, for which acquiescence may also be inferred under the circumstances which may operate as well an estoppel by conduct. Though there is no estoppel against law but in the facts and circumstances of the case we have already found that the notification does not suffer fro..Category: Fiscal/Taxation Law | Date: | Hits: 107
Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)
....ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ......g was filed on 31.10.96 and so the pre-emption case was not filed within four months from the date of the registration of the sale deed; the pre-emptor alleged that he learnt about the transfer in question for the first item on 27.10.96 when the opposite party no. 1 and 2 filed their written obj......ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ...... kabala under pre-emption for his brother, Mozammel Huq (P.W.2), at his Khulna residence on 2nd Jaistha, 1988 B.S. P.W.2 Mozammel Huq, in his evidence stated that he heard about the kabala in question from one Abdul Gani who has not been examined in the case. Accordingly the trial court fou......leave is directed against the judgment and order dated 25.05.1998 passed by a Single Bench of the High Court Division in Civil Revision No. 1233 of 1996 discharging the Rule. 2. Short facts are that the respondent-pre-emptor filed the Miscellaneous Case (Preemption) No. 44 of 1..Category: Property Law | Date: | Hits: 31
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
.... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ...... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ......unts Officer not to pay the salary and allowances of the appellant for the current month. Therefore, in our view, the Ministry of Finance is not a necessary party in the background of the facts and circumstances of the instant case and the District Accounts Officer, Sirajganj who is alr..Category: Administrative Law | Date: | Hits: 132
Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)
....gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......itioners seek leave to appeal against the judgment and decree dated 5-2-2002 passed, by a Single Bench of the High Court Division in Second Appeal No. 205 of 1979 allowing the appeal. 2. The facts, in short, are that the plaintiff-respondent filed a suit for declaration of title and confir..Category: Property Law | Date: | Hits: 35
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ......ment of his defence". 7. It is also evident that the above Order VIII, rule 1, as amended, was brought in the Code of Civil Procedure to expedite the disposal of civil suit. But the question is, since no consequence is provided in the amended Order VIII, rule 1, in case the defen&......e written statement within the stipulated time is merely directory and not mandatory as held in 47 DLR 326 and that the decisions reported in 39 DLR 11 and 45 DLR 638 being based on different facts are distinguishable and the High Court Division was not wrong in distinguishing the decisions..Category: Employment/Service Law | Date: | Hits: 120
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ......Government being satisfied as to the genuineness of their claim. Suddenly appellant No.1 received the impugned Memo No.Shilpa/Dairy No.037/DT-2-/87/3028 dated 27-5-1987 intimating that the company in question and another company would not be released to its shareholders as it was done in the case of......as a shareholder and constituted attorney of the other appellants. Thereafter, Mr. Huq submits that no power of attorney by the appellant Nos. 2 to 10 is found available in the file and that from the facts and circumstances appearing in the record, it appears that entire proceeding initiated in the ..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... 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. ...... and that the said right is a property and as such is entitled to an order of injunction to secure enjoyment of the said proprietary right, that the High Court Division was wrong in addressing the question as to who could be the plaintiff in the suit in the background of the averments made in th......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..Category: Civil Law | Date: | Hits: 216
Bangladesh Vs. Md. Abdur Razzak and others, 2007, 36 CLC (AD)
....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. ......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. ......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..Category: Administrative Law | Date: | Hits: 117
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
....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.......on, Dhaka in Civil Revision No. 287 of 1984). Judgment: ATM Afzal J. - Appellants are judgment-debtors in Money Execution Case No. 12 of 1983 in the Court of Subordinate Judge, Narayanganj. The question for consideration in this appeal by leave is whether the appellants are liable to pay any i....... 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 ..Category: Banking Law | Date: | Hits: 134
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......ted against a common judgment and decree of a learned Single Judge of the High Court Division reversing in revision the concurrent decision of the trial Court and the appellate Court. The principal question involved is, whether the learned Single Judge acted within his jurisdiction in reversing th......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..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. ...... two suits may be different but the suppression of this information cannot but throw a cloud over the intention of the respondents. 13. This background has to be kept in mind while considering the question of service of summons in the second suit. The two Courts below and the High Court Divisio.......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. ..Category: Procedural Law | Date: | Hits: 116
Azizul Huq @ Azizul Haque and ors. Vs. State, 1990, 19 CLC (AD)
....he appellants may make a prayer for bail to the High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ......ment and order dated 26 October, 1986 passed by the High Court Division, Dhaka, in Criminal Appeal No. 215 of 1986). Judgment: Shahabuddin Ahmed CJ. - In this appeal by special leave the short question is whether the learned Judges of the High Court Division properly exercised their discretio......he appellants may make a prayer for bail to the High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ..Category: Criminal Law | Date: | Hits: 51
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....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. ......ut any previous notice, withdrew the said letter of intent. 3. The appellant opposed the Rule by filing affidavit-in-opposition stating, inter alia, that the dispute in the writ petition involves questions relating to a commercial transaction in respect of which a writ petition is not maintainab......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 ..Category: Others | Date: | Hits: 100
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ...... was filed challenging the listing of the property in the 'Kha' list and publishing thereof in the Bangladesh Gazette (Extra-ordinary) dated September 23, 1986. The list in respect of the property in question and the publication of the list was made as per provision of the Ordinance No.54 of 1985. T......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..Category: Property Law | Date: | Hits: 37
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
....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. ......an neither claim seniority to respondent No. 5 nor. can claim promotion to the post of Chief Engineer on the ground of seniority, that it is not within the scope of writ jurisdiction to decide the question whether the qualifications/degrees of the writ-petitioner and the respondent No.5 are......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..Category: Employment/Service Law | Date: | Hits: 76
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