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Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)
....eration of the evidence on record to the effect that the plaintiff has no title and possession of the suit land and the suit is bad for non-joinder of necessary parties, causing miscarriage of justice." and the nest submission that "while exercising its revisional jurisdiction the ......ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ...... Present: Md. Ruhul Amin J M.M. Ruhul Amin J Jobeda Bewa & others ..........Appellants Vs Md. Abdur Razzaque ............Respondent Judgment October 19, 2006 Lawyers Involved: Lutfor Rahman Mondal, Advocate, instructed by Md. Na......oncurrent finding of facts of the courts below without reversing the same on the basis of the evidence on record, but the learned Single Judge of the High Court Division due to its misconception in law, did not consider the evidence on record of a case of concurrent finding of facts by the courts..Category: Property Law | Date: | Hits: 33
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....he facts and on the untenable plea and on the untenable ground that defendants were required to prove the same and thus wrongly shifted the onus on the defendants and thereby caused failure of justice, that because of the contradictory nature of pleading of the plaintiff as to death of Zeon ......on February 8, 1950, that to avoid future complications Kamaruddin obtained kabala from Taleb Hossain, father of the plaintiff on September 6,1950 and thus became the owner of the land in suit and accordingly got the S.A. record prepared in his name, that Kamaruddin died leaving 6 daughters by n...... Md. Baker Miah and others............Appellants Vs Shamsun Nahar Begum...........Respondent Judgment July 16, 2006 Lawyers Involved: A. J. Mohammad Ali, Attorney General, instructed by Md. Nawab Ali, Advocate-On-Record- For the Appellants Abdul Wa......d considering the evidence of P.Ws. and on the weakness of the case of the defendants decreed the suit, the High Court Division did not consider this aspect of the case and thus committed error of law in discharging the Rule without considering that none of the courts below recorded any fin..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......n behalf of the plaintiff cannot be rejected without giving an opportunity to the plaintiff to cure the defects. Thus the order of rejection of plaint obviously suffers from an error of law and it is accordingly set-aside and the appeal is allowed……….…(36) Cases Referred to- Bengal Jut......ourt Appellate Division (Civil) Present: Shahabuddin Ahmed CJ M H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Anath Bandhu Guha & Sons Ltd. through its AtÂtorney Md. Sirajul Huq........…………Appellant Vs. Babu Sudhangshu Shekhar Halder.……â......e suit filed on behalf of the plaintiff cannot be rejected without giving an opportunity to the plaintiff to cure the defects. Thus the order of rejection of plaint obviously suffers from an error of law and it is accordingly set-aside and the appeal is allowed……….…(36) Cases Referred to-..Category: Property Law | Date: | Hits: 118
Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)
....High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ......High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ......e three wards, election held in two wards only. The statement in Form 'K' from the Presiding Officer of one of the Polling Stations (Ward No.1) was not received; so the Returning Officer had no scope to consolidate the statements of all the Presiding Officers. As such the declaration of one candidat......Ward No.1) was not received; so the Returning Officer had no scope to consolidate the statements of all the Presiding Officers. As such the declaration of one candidate as elected Chairman is without lawful authority. Consequently, the publication of the election of Chairman is also invalid. Electio..Category: Election Law | Date: | Hits: 126
Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....il court. For the reasons stated above, the appeal is alÂlowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ......the present case that the appellants fraudulently or dishonestly induced the complainant by practicing deception upon them to deliver the goods (jute) to them. The supply was made by the complainant, according to his own statement, sometimes on cash payment and sometimes on credit. In such circumsta......990. Result: The appeal is alÂlowe. The Penal Code, 1860 (XLV of 1860), sections 406 & 420 The Code of Criminal Procedure, 1898 (V of 1898), section 561A. The alleged amount said to have fallen due to the complainant having accrued in course of a long business transaction, the w......ourt Division refused to quash the proceeding pending against the appellants by the impugned orÂder. Leave was granted to consider whether the High Court Division took a proper view of the facts and law involved in the case in rejecting the prayer for quashing of the proceeding. 4. The learned A..Category: Criminal Law | Date: | Hits: 59
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....a decree against a dead man without impleading his heirs which was a nullity has been ignored and allowed to remain valÂid and that this court should interfere to undo the said wrong and do complete justice having regard to the facts and circumstances of the case. 23. Defendant No.4 (as also def......gment and decree as they are. In view of the discussion above, both the apÂpeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......section 96 (3) & Order II, rule 2(2) The Evidence Act, 1872 (I of 1872), section 115 The Limitation Act, 1908 (IX of 1908), First Schedule, Articles 11(1) & 95 The plaintiffs elected to relinquish all the reliefs except one by amendment of the plaint so they are bound by the princip......ughters and that he was doing his business there. 13. It has been alleged that the plaintiffs have created some documents in order to grab the suit property. Defendant No.4 claimed that she is the lawful owner of the suit property by way of auction purchase from the Court. On 31.12.87 defendant N..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
....l only, while admitting the exeÂcution of the money receipt Ext.4, which is essenÂtially a document of contract and this misdirection has resulted in a serious error of law occasioning a failure of justice for which this Court must interfere. 43. For the foregoing reasons stated above, both on ...... granting reÂceipt Ext. 4 dated 1.7.73, her signature would appear in Ext. 4 in normal course and that there is absoluteÂly nothing in the contents of Ext.4 at all to show that it was being written according to the direction of defendant No.1. The High Court Division while disÂmissing the suit al........................Respondents Judgment January 22, 1990. Result: The appeal is disÂmissed. The Evidence Act, 1872 (I of 1872), section 102 When the plaintiff produces from his custody an agreement signed by defendant who admitting the signature gives out an alternative story as ......bstituted heirs of deceased defendant No.1 are bound by the contract. 12. Mr. Khandker Mahbubuddin Ahmed, learned Counsel for the plaintiff-appellant, submits that the High Court Division erred in law in deducÂing absence of defendant No.1 from the talks on 1-9-73. It is no good reason to say th..Category: Property Law | Date: | Hits: 50
State Vs. Mofizuddin and other, 2005, 34 CLC (AD)
....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......r Vs Mofizuddin and other………………….Respondents Judgment November, 2005 Lawyers Involved: Abdur Rouf, Deputy Attorney General instructed by, Ahsan Ullah Patwary, Advocate-on- Record- For the Petitioner ......imed to be tried. The defence plea was that the confessional statement of Mafizuddin was neither voluntary nor true and the same was extracted by the police inhumanly torturing him keeping him in unlawful police custody. 3. The prosecution in this case examined 14 witnesses and the defenda..Category: Criminal Law | Date: | Hits: 40
National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)
....spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ......Assistant Commissioner of Taxes. 4. Mr. B. Hossain, the learned Advocate-on-Record appearing for the petitioners submitted that the assessments of the writ petitioners having being re-opened according to law as per report of the competent authority within the compliance of the proper Incom......, 2005. Lawyers Involved: B. Hossain, Advocate-on-Record-For the Petitioners Md. Nawab Ali, Advocate-on-Record- For the Respondent Civil Petition for Leave to Appeal No. 869 of 2001 Judgment: &......xure-C series to the writ petition) and finally revised demand notice (Annexure-G series to the writ petition) served upon the writ petitioner by the writ-respondent No.4 to have been made without lawful authority and is of no legal effect and further directed the Taxes Settlement Commission (wr..Category: Fiscal/Taxation Law | Date: | Hits: 72
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ......ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ......) 2006, 50. ......able to be evicted as per provision of section 64(1) of the Ordinance, that they being the tenants in the property of the Waqf Estate and their tenancy having not been terminated in compliance of the law they are not liable to be evicted from their respective shops even under the prov..Category: Trust/Waqf Law | Date: | Hits: 228
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....s made the Rule absolute on fact and the further submission that the High Court Division has nowhere found that the finding of the appellate Court suffers from any error of law occasioning failure of justice and also the submission that the High Court Division acted illegally in interfering with the...... in Civil Revision No. 1023 of 1982 making the Rule absolute. 2. Short facts are that the suit land originally belonged to Saku Sarder and Hossain Sarder in equal sharers and the C.S. record was accordingly prepared and finally published. On the death of Saku Sarder his interest devolved upon h...... order dated 06.08.1996 passed by a Single Bench of the High Court Division in Civil Revision No. 1023 of 1982 making the Rule absolute. 2. Short facts are that the suit land originally belonged to Saku Sarder and Hossain Sarder in equal sharers and the C.S. record was accordingly prepared and ......ce of the respective parties made the Rule absolute on fact and the further submission that the High Court Division has nowhere found that the finding of the appellate Court suffers from any error of law occasioning failure of justice and also the submission that the High Court Division acted illega..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....ision set aside the judgment and decree of the appellate Court upon observing "The learned Additional District Judge having failed to assess the evidence in its true perspective has caused failure of justice and the judgment of the learned Additional District Judge in that view of the matter cannot ...... in not dealing with and deciding the issue before decreeing the suit, that the statement in the pleadings being that the alleged plaintiff left the suit property in 1968 and that the cause of action according to the plaint having arisen on October 27, 1969 and the suit having been filed on Septembe......e with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent Nos. 1-5. Not Represented- For Respondent No. 6-8. Civil Appeal No. 264 of 2001 (From the judgment of 23rd October, 2000 of the High Court Division in Civil Revision No. 898 of 1995). Judgment Md. Ruh......nants including the defendant No. 3 (Respondent No.7), that defendant No.5 (Respondent No.8) being his relation has been enjoying a portion of the land in suit as lisencee, that in the year 1968 when law and order situation in the locality deteriorated he left the area for the time being and could n..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
.... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ......y prima facie case for injunction inasmuch as the balance of convenience and inconvenience is in favour of the defendant and the plaintiff shall not also suffer any irreparable loss and injury and accordingly, the plaintiffs are not entitled to temporary injunction or mandatory injunction as sou......;………...Respondents Judgment March 5, 2005. The Specific Relief Act, 1877 (I of 1877), Section 56 When a court may grant a temporary or mandatory injunction- When plaintiffs’ distributorship was cancelled and newly appoin......la Tyres demand exceeding the limit and/or the target fixed by the defendants at 5000 Truck Tyres in addition to the 5000 sets of Non Truck Tyres for Bangladesh market. That the defendants have no lawful authority, power and/or jurisdiction to make any open or underhand dealing with any person o..Category: Business or Commercial Law | Date: | Hits: 100
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ....... During pendency of the suit the plaintiff-respondent amended the plaint and petitioner No.1 was made party and order was passed directing to issue summons upon the said petitioner and others and accordingly summonses were received by the District Controller of Food. The Manager, Central Storag......s Vs Md. Sirajuddin Khan and others…………....Respondents Judgment June 19, 2005 Lawyers Involved: Abdur Razzak khan, Additional Attorney General, instructed by Mr.A.H.M Shahidul Huq, Advocate-on-Record- For the Appellants ...... Rule obtained in the Revision, was discharged. Hence is this appeal. 6. Leave was granted to consider the submissions of the appellant that the High Court Division committed error of law in not considering that upon the averments as made in the plaint the very auction sale was void..Category: Property Law | Date: | Hits: 40
K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)
....arek Dewan reported in (1999)4 MLR (AD)167 discharged the Rule and further, the termination of the petitioner from service without notice or any proceeding is violative of the principles of natural justice and also the law and rules prescribed for such Headmaster of a recognized Non- government ......owed to retire from service with effect from 17.3.92 and that he become 60 years old on 30.06.2000, and as such after completion of his 60 years of age, he has no right to continue his service and accordingly he was duly retired from service and so there were no legal requirements for giving him......slam, Advocate-on-Record- For the Appellant. Syed Mahbubur Rahman, Advocate-on-Record- For Respondent No. 6. Not represented- For Respondent Nos. 1-5. Civil Petition for Leave to Appeal No. 1008 of 2003 Judgment: ...... (1999)4 MLR (AD)167 discharged the Rule and further, the termination of the petitioner from service without notice or any proceeding is violative of the principles of natural justice and also the law and rules prescribed for such Headmaster of a recognized Non- government High School. 5...Category: Employment/Service Law | Date: | Hits: 82
M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)
....ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The peÂtition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ......ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The peÂtition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ......yer for bail of the appellants was considered with findings that further application for bail is not barred in case of rejection of the former application and the Vacation Bench also has jurisdiction to grant ad-interim bail in such cases. The order of bail was obtained from the Vacation Bench on mi......er dates mentioned above." 4. Mr. T.H. Khan, learned Advocate for the petitioner, has submitted that the view expressed above regarding jurisdiction of the Vacation Judge is not sound and valid in law and further the two paraÂgraphs together (particularly the second one) cast asÂpersion upon th..Category: Criminal Law | Date: | Hits: 55
Kamruzzaman Vs. State, 1990, 19 CLC (AD)
....nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ......nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ......98), sections 1(2), 339C The Special Powers Act, 1974 (Act XIV of 1974), section 29 Section 339C of the Code is intended for expeditious trial. If this provision for speedy trial is not applied to a trial under the Special Statute, the trial will linger in the case under the special laws, wher......Section 339C of the Code is intended for expeditious trial. If this provision for speedy trial is not applied to a trial under the Special Statute, the trial will linger in the case under the special laws, whereas that under the general law shall be concluded speedily. This will bring about an anoma..Category: Criminal Law | Date: | Hits: 58
B. D. Habibullah Vs. Election Commission and others, 1989, 18 CLC (AD)
....ed order was the order that emaÂnated from the Election Commission as such. In the result, this petition is, therefore, disÂmissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218.......ed order was the order that emaÂnated from the Election Commission as such. In the result, this petition is, therefore, disÂmissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218....... is disÂmissed. Words & Phrases The official note processed by secretary of the election commission and the election commission arriving at a decision, on such note later on cannot be said to be order of the secretary as because the impugned order was the order that emanated from the elec......ed order was the order that emaÂnated from the Election Commission as such. In the result, this petition is, therefore, disÂmissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218...Category: Election Law | Date: | Hits: 146
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ......pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ......of Mortgaged Property) Rules, 1980, Rules 3, 4 & 7(3) Mere irregularity in holding the sale by public tender, particularly as alleged in the present case, does not divest the Bank of its power to sell the property by private negotiation. The High Court Division rightly held that irregularity ......s neither any mala fide nor arbitrariness on the part of the Bank. 7. As to the contentions on the basis of Art. 34(1) of the BSB Order and the Rules, we do not think that they are well-founded in law. It is not disÂputed that the Bank has jurisdiction to sell the mortÂgaged property of the bor..Category: Banking Law | Date: | Hits: 94
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
....per FIR lodged at Tejgaon P.S. on 8.1.86 under Regulation 11 of Martial Law Regulation No. 1 of 1982. The respondent filed an application to the Chief Martial Law Administrator on 16.5.86 praying for justice, apparently invoking the power of review of the order made against him, under Order 1A of ML...... the observaÂtion referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ......sed. The Martial Law Order No. 9 of 1982, Para 1A The Proclamation of Withdrawal of Martial Law, 1986, Para 5 Application praying for review of an order made under MLO-9, the CMLA is bound to consider and dispose of such an application. In case of ‘proclamation’ of withdrawal of marti...... 1986, Para 5 Application praying for review of an order made under MLO-9, the CMLA is bound to consider and dispose of such an application. In case of ‘proclamation’ of withdrawal of martial law, the case pending before the CMLA for review survives and in para of the proclamation provision ..Category: Criminal Law | Date: | Hits: 53
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