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Meghna PET Industries Ltd and others Vs. Md. Mostafa Kamal & others, 2007, 36 CLC (AD)
....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. ......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. ......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..Category: Business or Commercial Law | Date: | Hits: 108
Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)
....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. ......ca 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 proprietor of a firm at ......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..Category: Fiscal/Taxation Law | Date: | Hits: 92
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
.... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ...... Single Judge of the High Court erred in construing the provisions of Section 75 A of the State Acquisition and Tenancy Act and in holding that the agreement for permanent lease of the premises in question was ‘subletting’ within the meaning of the State Acquisition and Tenancy ...... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ...... Division, Chittagong Bench, in Death Reference No. 2/87 with Criminal Appeal No.122/87 and Jail Appeal No. 123 of 1987). Judgement Shahabuddin Ahmed CJ. - This appeal by special leave calls in question the propriety of the conviction of the five accused-appellants under sections 302/34 of t......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..Category: Criminal Law | Date: | Hits: 74
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
....me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ......der dated 21.7.86 passed by the High Court Division, Dhaka in Criminal Revision No. 29 of 1986). Judgment: Mustafa Kamal J. - This appeal by the accused-appellants following leave raises the question as to whether following stoppage of proceedings and release of the accused under section 33......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..Category: Criminal Law | Date: | Hits: 46
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
.... 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. ...... 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. ......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..Category: Employment/Service Law | Date: | Hits: 79
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....defendant Nos.2 and 3 illegal and void filed the suit. 4. The suit was contested by defendant Nos.2 and 3 by filing separate sets of written statements, although their case was more or less identical. It is the case of the contesting defendants that the land in suit was owned and possesse......neness thereof. The High Court Division also reversed the finding of the Court of appeal below as regard possession of the parties upon observing that the finding of the Court of appeal below as to question of possession of the plaintiffs is based on misconception of documentary evidence as well ......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..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. ......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. ......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. ..Category: Tenancy Law | Date: | Hits: 156
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......arate suit for the relief provided in section 35(c) of the Specific Relief Act. 37. About the maintainability of the suit it has been submitted by the learned Counsel for the appellant that question of rescinding of contract would come when contract for sale remain valid or, in other word......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..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....iled by the defendant. Section 117 of the State Acquisition and Tenancy Act relates to Sub-Division of holding and restriction thereon. Mutation proceeding and Sub-division of holding are not identical. Mutation of the khatian or correction of the Khatian may be made by the Revenue Officer ......n land of the suit plot was being used as Eidgah, Swashan, Debesthan and that there is a Dighi for the use of the people of the village, that in the CS khatian there is noting that in the plots in question there are Eidgah, Swashan, etc., that there is similar noting in the RS record, that since......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..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....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. ......respondent’s application for amendment of the additional written statement on the view that the proposed amendment of the additional written statement would help the determination of the real question in controversy between the parties. 7. Special leave was granted to consider whethe......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..Category: Property Law | Date: | Hits: 36
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ......nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ......rt were wrong in holding that respondent No 1 had no duty to stay the proceeding in the midst of the trial and the learned Judges of the High Court were wrong in not taking in to consideration the facts and circumstances of the case which go to show the bias of respondent No. 1 which rendered hi..Category: Election Law | Date: | Hits: 122
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
....g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ......letting out those lands and buildings. 10. We get support to our view in the case Commissioner of Taxation Vs Trustees of St. Mark's Glebe reported in 1902 Appeal Cases 416 wherein a similar question arose. The decision of the question depends on the construction of section 11, sub-se......rustees of the Port, Bobbay, AIR 1930 Bombar 44, contended that protection under the Act has been given to the lands and buildings used for religious or charitable purposes. It will appear from the facts of the case that protection under the Workmen's Compensation Act is meant for the workmen who..Category: Fiscal/Taxation Law | Date: | Hits: 90
Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
.... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ......hy;try. In such view of the matter, the learned Judges of the High Court Division having failed to apply their judicial mind to appreciate the above aspect of national interest of the goods in question causing failure of justice. 6. Mr. Deputy Attorney General next contended......of the High Court Division in Criminal Miscellaneous case No. 3659 of 2003 filed under Section 561A read with Section 517 of the Code of Criminal Procedure discharging the Rule. 2. The facts, leading to this petition, are that the informant Md. Moazzem Hossain S.P.S. (Jety) Mongla Ba..Category: Criminal Law | Date: | Hits: 88
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ......he defence crosses examined the P.ws at length. It was also found that for recall of these witnesses defence ought to have spelt out the matter left out in cross examination in the form of specific question but the application has not stated the material particulars and upon the aforesaid findin...... aside. 3. The High Court Division upon hearing the parties discharged the Rule by judgment and order dated 18th July, 2005 in the aforesaid Criminal Revision No. 603 of 2005. 4. The facts, leading to this criminal petition, are that Md. Abdul Latif, son of late Rahim Uddin Pramani..Category: Criminal Law | Date: | Hits: 41
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
.... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ...... with acknowledgement due and the postal peon returns the envelope with the endorsement "refused" it shall be considered that the summons was duly served on the addressee. 18. The question when summons or a letter is sent to a particular address which is the correct address......n was in error in placing reliance on the provision of Section 114, illustrating (f) of the Evidence illustration Act and provision of Section 27 of the General Clauses Act in the background of the facts and circumstances of the case in holding that notice sent by registered post was duly a..Category: Trust/Waqf Law | Date: | Hits: 266
Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)
.... The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ...... The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ...... the Miscellaneous case filed under Order XLI read with section 151 of the Code of Civil Procedure. For that the Single Bench of the High Court Division erred in failing to consider the facts, that the suit land was acquired by the Government vide Gazette notification dated 2.4.1956 ..Category: Property Law | Date: | Hits: 41
Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)
....ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ......e. It was further stated that the plaintiff proposed to sell the property to the defendant No. 1 and the defendant No. 1 agreed and in order to avoid pre-emption the deed of heba-bil-ewaz in question was executed and it was accordingly registered and that possession was also handed ov......emand of dowry has not been proved in the evidence and that the defendant failed to prove the genuineness of the deed of heba-bil-ewaz and that the learned lower appellate court considered the facts and circumstances and evidence on record and came to a correct decision in passing the j..Category: Property Law | Date: | Hits: 37
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
.... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ...... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ......ol by a letter dated 20-08-1998 requested to the Chief Metropolitan Magistrate for further investigation against the respondent herein. The Chief Metropolitan Magistrate having considered the facts and circumstances of the case and upon perusal of the aforesaid letter, the Chief Metropolita..Category: Criminal Law | Date: | Hits: 90
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
.... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ......d. The said deed of exchange was created only to defeat claim of pre-emption of the plaintiff since he and his brother Abdur Rahman have homestead in plot No.60 adjacent to plot No.61. The deed in question though has been camouflage as exchange deed between the defendant No.1 on one part and the......nd condition of the document and that the parties are debarred from leading evidence from varying, contradicting, adding to, or subtracting from the terms and condition of the document. In the facts and circumstances of the instant case there having no such situation as contemplates by the p..Category: Property Law | Date: | Hits: 38
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