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Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ......y for license to the Bangladesh Bank although sufficient time was allowed for the purpose. As such the respondent bank does not stand on the same footing with the above mentioned two banks. So the question of discrimination as argued by the learned Counsel for respondent No.1 does not arise. ......ing of permission is not the function of Bangladesh Bank rather this is absolute function of the Council Committee of the Ministry of Cabinet Affairs of the Government. 16. Therefore, in the facts and circumstances of the case and in the light of the discussion made above, we are of the vi..Category: Banking Law | Date: | Hits: 124
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ...... the reasons given by the High Court Division in its judgment. 15. The submissions on behalf of both sides have received our careful scrutiny in the light of the relevant laws. The pertinent question to decide is whether the writ petitioners were public servants within the meaning of the A......ion in Writ Petition No. 1044 of 1998 in both the cases) Judgment: Bimalendu Bikash Roy Choudhury J.- All the above appeals by leave arise out of facts akin to each other and involve common questions of law and therefore they have been hear..Category: Employment/Service Law | Date: | Hits: 103
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ......nbsp; Amirul Kabir Chowdhury J- Civil Petition for Leave to Appeal No.1735 of 2005 has been preferred by Md. Kamaluddin and 23 other writ petitioners calling in question the judgment and order dated 31.08.2005 passed by a Division Bench of the High Court Divis......id judgment and order dated 31.08.2005. 3. Both the leave petitions arising out of the same judgment passed in the same writ petition are disposed of by this single order. 4. The facts necessary for disposal of the leave petitions are that the petitioners claiming to be la..Category: Property Law | Date: | Hits: 31
Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)
....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. ......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. ......sional jurisdiction and obtained the Rule. The High Court Division upon hearing made the Rule absolute. 5. Leave was granted to consider the submission that "considering the proven facts, circumstances and the evidence on record of the case, the learned Single Judge of the High C..Category: Property Law | Date: | Hits: 33
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ......tated hereinbefore from the defendants' side no evidence was brought on record that Zeon Bibi's son Awlad Hossain died before her. 12. The said fact having not been established there was no question of inheriting Zeon Bibi's property by Abdul Hamid and as such Kamaruddin by purchase from ......d that on the death of Taleb Hossain plaintiff got 4 annas share in the property of Taleb Hossain and as such the courts below were in error in decreeing the suit on the aforesaid assertion of the facts and on the untenable plea and on the untenable ground that defendants were required to prove ..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. ...... for the time being on the assumption that the power of attorney executed in Calcutta on 2.1.88, validated by the Treasury Officer, Chandpur on 10.2.88, and cancelled on 12.1.89 was bad, the moot question in this appeal is, can the plaint be rejected under Order VII rule 11 (a) and (d), CPC? Bec......urt has no jurisdiction to give such declaration, the learned Judge held. 7. Leave was granted to the plaintiff-appellant to consider whether the plaint was rejected upon misconception of the facts of the case and the provisions of Order VII rule 11 CPC also to consider whether the plaintiff..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. ...... (From the judgment and order dated 19.11.1989 passed by the High Court Division, Dhaka, in Writ Petition No. 955 of 1989). Judgment: Shahabuddin Ahmed CJ. - In this appeal by special leave a question of considerable public importance is involved. It is whether the result of election of both......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. ..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 allowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ......eferred to above may, therefore, be accepted as uncontested. Be that as it may, we think a consideration of the facts stated in the petition of complaint alone will be sufficient for disposing of the question as to whether any proceeding under section 420 or under any other section of the Penal Co......the High Court Division refused to quash the proceeding pending against the appellants by the impugned order. 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..Category: Criminal Law | Date: | Hits: 59
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......t a dead man MA Naser? 4. Are the plaintiffs entitled to get the decree of declaration for their sixteen annas ownership in the suit property and are they the legal heirs of Abu Naser? On the question of maintainability and limitation the learned Subordinate Judge found against the plainti......tly constituted" and decreeing "the plaintiffs' suit, as amended" upon setting aside the judgment and decree of the Subordinate Judge, 3rd Court, Dhaka passed in Title Suit No. 269 of 1987. 2. The facts leading to these appeals are that one MA Naser, a Film Producer and Distributor in the then Ea..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......y are on good terms and not opposed to each other. Defendant No. 1 was backing out of her promise by laying the blame on her son. The suit was decreed. 10. The High Court Division considered the question as to why Ext. 4 does not contain any signature of defendant No. 1 and was not satisfied wi...... that Mr. Ahmed has based his argument not so much upon misreading of evidence, but on a wider canvass of omission to consider material evidence on record and failure to deduce legal inference from facts proved. 15. There is no written agreement of sale. The appellant has come out with a story ..Category: Property Law | Date: | Hits: 50
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. ......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. ......ppears to have been made without any lawful authority and is of no legal effect the same being based on surmises and conjectures. The learned Advocates for both the parties having regard to the facts of the case have agreed that the order of the taxes Settlement Commission is not legally sus..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. ......d thus thereby the writ-petitioners as are standing in the way of development of the Waqf property and that "their action tantamounts to disturb/obstruct in the peaceful management of the property in question and, therefore, the Administrator applied to the Deputy Commissioner under Section 64(1) of......le tenants of the Waqf Estate. Suffice it to say the provision of section 64(1) of the Waqf Ordinance is applicable in respect of the persons as mentioned in the said section in the background of the facts and situations as have been stipulated therein and not in respect of the monthly ejectable ten..Category: Trust/Waqf Law | Date: | Hits: 228
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......ent by virtue of the provisions of section 90 of the Evidence Act, 1872 is rebuttable. The mere fact that the document is thirty years old does not make it immune from attack by the other side on the question of its genuineness...............(15) Lawyers Involved: Shahabuddin Ahmed, Advocate,......eal by leave is directed against the judgment and 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 ..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ...... Nos. 1-5's predecessor Jatindra Mohan Roy, who died during pendency of the suit, stating, inter alia, that he inherited the property described in schedule 'A' attached to the plaint (the property in question is of Municipal Holding No.62 Bama Charan Chakraborty Road, Dhaka) on the death of his fath......by limitation cannot be accepted, Further it is stated that the date as has been given in paragraph 13 cannot be called the cause of action in its legal sense because cause of action is the bundle of facts as stated in the plaint. Having regarded to the pleadings and the evidence the suit was filed ..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. ...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ......ut jurisdiction inasmuch as, the said impugned order is based on non-consideration of all the material papers and documents including Annexures-J series and non-application of judicial mind to the facts of the case of the plaintiffs (petitioners) as made out in the plaints of the Title Suit No.2..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. ......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. ......t to the serious peril of the interests of the appellant. 8. Mr. Abdul Wadud Bhuiyan, learned Senior Advocate opposed the appeal contending, inter-alia, that the trial court considered the facts and circumstances and evidence on record including written statement of the contesting defend..Category: Property Law | Date: | Hits: 40
K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)
.... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ...... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ......f the S.S.C. Certificate and Admit Card as any alteration or revision of the service record is not permissible. 6. We are of the view that the High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decisio..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 petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ......…………............Respondent Judgment August 30, 1989. Result: Certain observations made by a Division Bench of the High Court Division is treated as expunged from the judgment in question. The Code of Criminal Procedure, 1898 (V of 1898), section 498 Judicial decorum Pr......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 misrepresentation of facts and this fact being admitted by the learned advocate and also assurance given that no such rep..Category: Criminal Law | Date: | Hits: 55
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ......imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ......imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ..Category: Banking Law | Date: | Hits: 117
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. ......d 29th January 1990 passed by the High Court Division, Comilla Session, Comilla in Criminal Revision No. 107 of 1988). Judgment Shahabuddin Ahmed CJ. - In this appeal by special leave, the only question raised is whether section 339C of the Code of Criminal Procedure, briefly the "Code", s......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. ..Category: Criminal Law | Date: | Hits: 58
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