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Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
..... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ......o appeal is provided under the Statute unlike the Union Parishad and the Upazila Parishad Ordinance. It was, therefore, concluded that the writ petition as filed was not at all maintainable and accordingly it was rejected. 5. Leave to appeal was granted to consider whether the view taken by......dication of election tribunal cases of Dhaka City Corporation. It does not exclude jurisdiction of the High Court Division under article 102 of the constitution. There is no word of finality attached to the decision of the election tribunal in the rules. Even if there was any, jurisdiction of the Hi......he Central Press Staff Quarter Primary School Centre could not take place as the Presiding Officer, the Election Officer and others had fled away from that centre due to disturbance and deteriorating law and order situation. It was further asserted by respondent No. 1 that on an application filed ..Category: Election Law | Date: | Hits: 102
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
.... if all the indulgences were allowed, contrary to the established practice and procedure, to the seemingly careless prosecution and the result in such a case is very likely to be a miscarriage of justice which the court, as a rule, should always avoid. 22. It is to be observed that in the sta......he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ...... Judgment March 8,1990. Result: The appeal is dismissed. The Evidence Act, 1872 (1 of 1872), section 32 (1), 154 In the statement of the deceased Ext. 1 there is no reference at all to any fact or circumstance from, which it can be even remotely inferred that there was any reason w......claration and really it is immaterial as to who recorded a dying declaration. For non-examination of such a person no exception can be taken if the same has been legally proved in accordance with law. This being the position in law, I fail to understand how it could be argued that it is obliga..Category: Criminal Law | Date: | Hits: 44
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
....licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ......licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ......uhul Amin J Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Messers Hai Iron and Re-Roiling Mills Limited, represented by its Managing Director and another ………………….Petitioner Vs ......er the above Commerce Bank and Investment Limited, which became defunct in the year 1992 did not file the above suit. So we are of the view that the High Court Division on applying the principle of law as applicable in the present case arrived at a correct decision which does not suffer from any..Category: Banking Law | Date: | Hits: 101
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
....t further appears that the High Court Division also considered the argument of the learned Counsel for the condemned prisoner that the condemned prisoner being a young man of 33 years, the ends of justice would be met if the sentence of imprisonment for life was awarded on him instead of death s......e judicial confession of the condemned prisoner true and voluntary and considering the same, the extra judicial confession and circumstances of the case found the condemned prisoner guilty and accordingly imposed the sentence of death upon him. 9. It further appears that ......;…………Respondent Judgment February 5, 2007 Lawyers Involved: Sarwar Ahmed, Advocate- For the Petitioner. Mrs. Fahima Nasrin, Deputy Attorney General-For the State. Jail Petition No. 20 of 2004 Judgment: &nb......udicial confession of the condemned prisoner to be true and voluntary. The judicial confession of the condemned prisoner was not retracted at any stage. 8. It is now the settled principle of law that judicial confession if it is found to be true and voluntary can form the sole basis of co..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....s no pleading from the side of the defendant alleging the non-genuineness of the document on the basis of which plaintiff is claiming the relief in the suit the Court has a duty in the interest of justice to scrutiny the document(s) relied upon by the plaintiff and if on such scrutiny the Court ......g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......hwavidyalaya and another Vs. Dr. Rajkishore Tripathi and another, AIR 1977 SC 615; Bangladesh Vs. Abdul Wadud and others, 25 DLR (SC) 90. Lawyers Involved: Zainal Abedin, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellants. Abdus Salam......uit i.e. 'Ka' schedule land as vested property and thereupon by evicting the plaintiff leased out the same to different persons, but "The plea of Government is not at all tenable in law in view of the exchange deed and Power of Attorney of the year 1962 which was executed and regi..Category: Property Law | Date: | Hits: 38
State Vs. Mrs. Lailun Nahar Ekram, MD, Engineer and Consultants (Bd) Ltd. (BCBL), 2007, 36 CLC (AD)
....circumstances as noticed above, we consider it a fit case to interfere at the stage of police investigation to prevent the abuse of the process of the court and to secure the ends of justice. 13. Therefore, in our view, the High Court Division upon correct assessment of the ......lled against sub-soil investigation which was already included in Design and Tendering phase bill and they regretted very much for the mistake and in bill No.4 necessary corrections were accordingly made. It was further mentioned in bill No.4 that if any amount against sub-soil in......d. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J The State, represented by the Deputy Commissioner, Gazipur Vs. Mrs. Lailun Nahar Ekram, Managing Director, Engineer and Consultants (Bd) Ltd. (BCBL) Judgment ......materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 74
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......DLR (AD) 27 wherein this Court held that when the arbitration proceeding continued beyond 4 months with the parties raising no objection- conclusion is the party concerned has waived its right and accordingly even after the reflex of time the award passed was held to be valid. 7. Sectio......hellip;………Plaintiff Vs. Mohammad Shafi and others……………………..........Defendant Judgment October 27, 2005. Cases Referred To- Md. Ismail Vs. Munshi Ali Hossain 60 DLR 641......edly the award has been passed beyond the period of time without any extension from the Court, the arbitrators ceased to have jurisdiction in passing the award which is not award in the eye of law and referred to the case of Md. Ismail Vs. Munshi Ali Hossain reported in 60 DLR 641 in suppor..Category: Property Law | Date: | Hits: 41
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ......ion to the post of Senior Principal Officer he was placed in the scale of Tk. 1850-2375 on the National Pay Scale with effect from 1987; that he reached the highest slab of the scale in 1982; that according to the provisions of memorandum number MF/FD(IMP)3-l(G)/83/12 dated 23.01.1985 he become ......lip;……………Appellant Vs M. A. Jalil…………………………Respondent Judgment October 26, 2005 Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitione...... on appeal the same was partly allowed as aforesaid. 5. Mr. Md. Nawab Ali, the learned Advocate-on-Record appearing for the petitioners submitted that the High Court Division erred in law in holding that grant of time scale benefit is a matter of discretion of the employer and ..Category: Employment/Service Law | Date: | Hits: 136
A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)
....t read over to him though the enquiry officer obtained the signature of the petitioner on the enquiry proceeding. The enquiry was conducted in gross violation of the principle of natural justice. Thereafter, second show cause notice was served on 3.11.1993 and the petitioner submi......made a party in place of Bangladesh Biman Airlines but the High Court Division made the Rule absolute on the ground that Bangladesh Biman Corporation was not made a party in the complaint case and accordingly committed error of law. He next submits that the complaint petition was filed within st......or Advocate, instructed by Bivash Chandra Biswas, Advocate-on- Record for the Petitioner. Mushfiqur Rahman, Advocate-on-Record -For the Respondents. Civil Petition for Leave to Appeal No. 89 of 2006. Judgement: ......adesh Biman Airlines but the High Court Division made the Rule absolute on the ground that Bangladesh Biman Corporation was not made a party in the complaint case and accordingly committed error of law. He next submits that the complaint petition was filed within stipulated time as given under Se..Category: Employment/Service Law | Date: | Hits: 91
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ......ein) on the subsequent allotted shares made by the new management should be considered by the respondent Company in accordance with law. 3. Facts in both the matters are similar in nature and accordingly both the matters are taken up together for hearing and disposed of by this judgment. ......es). Akter Imam, instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 1(In both the cases). Not represented- Respondent Nos. 2-5 (In both the cases) Civil Petition for Leave to Appeal Nos. 1049 with 1434 of 2004 Judgment MM Ruhul Amin J.- Civil Petition for leave to ......shareholder in respect of 50,000 shares out of the subsequent allotment of 1,24,000 shares by the Company and further declaring that the allotment of 5,35,000 shares made by the Company was valid and lawful and the petitioner (Respondent herein) at his option was entitled to purchase proportionate..Category: Business or Commercial Law | Date: | Hits: 109
Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....s that sheet No.2 containing Plot Nos. 600-699 of Mouza Char Mominpur was genuine and the same did not overlap the suit land. He next submits that it is a fit case where this court can do complete justice by directing the trial court to accept the deposit of money as fee of Advocate Commissioner...... Rule shall stand discharged. 5. After remand order the defendant-petitioners deposited the Commissioner's fee of Tk.1000/- by challan No. 146 to the trial court on 16.01.2000 and accordingly one Abdul Khaleque was appointed as Advocate Commissioner and writ was issued to that ...... Vs. Md. Nurul Haque & others……………............Respondents Judgment November 8, 2006. Lawyers Involved: M.A. Azim, Deputy Attorney General instructed by B.Hossain, Advocate-on-Record-For the Appellant Syed Mahbubur R......ourt Division, the defendant-petitioners did not deposit the commissioner's fee within 60 days and as the deposit was made beyond the period of 60 days the deposit made was no deposit in the eye of law and as such the order dated 16.01.2000 is not sustainable in law. 6. The defendant-petit..Category: Property Law | Date: | Hits: 31
A. K. M. Fazlul Hoque and others Vs. Bazlur Rahman, 2006, 35 CLC (AD)
....ourt, after assigning reason, rejected the application for local inspection being additional evidence in modified from and thus the High Court Division committed an error occasioning failure of justice in making the Rule absolute. The above submissions merit consideration. Accordingly ......Operation of the judgment and order dated 25.04.2005 passed by the High Court Division in Civil Revision No.1794 of 2004 is stayed till hearing of the appeal. Ed. This Case is Also Reported in: ......y Syed Mahbubur Rahman Advocate- on-Record- For the petitioners. Nurul Islam Bhuiyan, Advocate- on –Record-For Respondent No. 1 Not represented-Respondent Nos. 2-7 Civil Petition for Leave to Appeal No. 1124 of 2005. (From the judgment and order dated 25th April, 2005 passed by the Hig......Operation of the judgment and order dated 25.04.2005 passed by the High Court Division in Civil Revision No.1794 of 2004 is stayed till hearing of the appeal. Ed. This Case is Also Reported in: ..Category: Civil Law | Date: | Hits: 116
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
....ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ......ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ......er died leaving behind the following heirs: Nazrul Islam (Babul) and others .................................Appellants Vs. Santi Rani Dhupi and others.............Respondents Judgment October 19, 2006. Result: The appeal is allowed. Case Referred to- Tayeb Ali vs. Abdul Kha......t the trial Court in the background of which materials declared the title of the defendant Nos.1 and 2 in part of the land in suit said to have acquired said title by adverse possession was under the law required to dismiss the suit, that appellate Court while setting aside the judgment and decree o..Category: Property Law | Date: | Hits: 53
Md. Badshah Alam Vs. Md. Shahidul Islam & others, 2006, 35 CLC (AD)
.... stay granted earlier shall continue till disposal of the appeal. The petitioner is directed to make the appeal ready within 6 (Six) months date for expeditious disposal. Ed. ......election petition. His case is that the election was held peacefully and after the polling, ballot papers were counted and he got 690 votes and the election petitioner got 681 votes and he was accordingly declared elected. 4. The Election Tribunal by judgment and order dated 09.06.200......ha, Advocate (appeared with the leave of the Court) instructed by Abu Siddique, Advocate-on-Record-For respondent No.1 Not represented- Respondent Nos. 2-19 Civil Petition for Leave to Appeal No. 1059 of 2005 (From the judgment and order dated 28.06.2005 passed by the High ......jection was raised for the same before the Presiding Officer of the Center. As a result, the High Court Division committed illegality in passing the impugned judgment and order on misconception of law and materials on record. The submissions merit consideration. Leave is granted. ..Category: Election Law | Date: | Hits: 111
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......J Md. Abul Kashem & others…………..............Appellants Vs Montaz Ali Mondal & others ....................Respondents Judgment October 17, 2006 Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed b...... by an amendment made prayer for khas possession. 3. The case of plaintiffs, in short, is that one Kali Das Nandi was the owner of the suit land. He made a Will in favour of his daughter-in-law, Kallayani Debi on 17.04.1960. Thereafter, Kali Das Nandi died. Kallayani Debi obtained a proba..Category: Property Law | Date: | Hits: 59
Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)
....ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ......ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ...... Khondker Mahbubuddin Admed, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 7 Not represented -Respondent Nos. 1-6 Civil Petition for Leave to Appeal No. 264 of 2006 (From the judgment and order dated 26.10.2005 passed by the High C...... appearing for the respondent No.7 opposes the petition stating, inter alia, that there is no error in the judgment and order of the High Court Division inasmuch as the plaint appears to barred by law without having any cause of action and that the Respondent has been facing colossal financial l..Category: Business or Commercial Law | Date: | Hits: 121
Aktaruzzaman alias Sahin Vs. Abdur Rashid Khan and others, 2006, 35 CLC (AD)
....e pre-emptor is party to the document and none of the co-sharers has challenged the document incorporating the partition and thus the High Court Division committed error of law occasioning failure of justice. 8. The submissions made by the learned Counsel for the petitioner merit consideration. ......ard along with appeal arising of the civil petition for leave to appeal No. 317 of 2002 wherein leave has been granted on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ...... Nawab Ali, Advocate-on-record-For the Petitioner (in all the cases) A. K. M. Shahidul Huq, Advocate-on-record-For Respondent No.1 Respondent Nos.2-15-Not represented Civil Petition for Leave to Appeal Nos.139-141 of 2005 (From the Judgment and Order dated November 3, 2004 passed by the H......partition deed was executed among the co-sharers leaving no scope for separation for Jama before filing of the preemption application on 28.1.83.......that the case land was never spitted up as per law made the Rule obtained in Civil Revision No. 524 of 1998 absolute and thereupon allowed the pray..Category: Property Law | Date: | Hits: 35
State Vs. Sentu and others, 2004, 33 CLC (AD)
.... intention” for committing offence of murder under sections 302/34 of the Penal Code without proper appreciation of facts, materials and evidence on record and thus has caused miscarriage of justice. He also submits that the High Court Division failed to consider correctly the evidenc......o. 15 of 1996 of 2nd Court of Additional Sessions Judge, Barisal corresponding to G.R. Case No. 342 of 1993 P. S. Kotwali immediately and to enlarge them on bail to his satisfaction. Ed. ......ellip;.........Petitioner Vs. Sentu and others …..........Respondents Judgement December 8, 2004 Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioner Not......ndents of the charge under sections 302/34 of the Penal Code. 3. The facts, in brief, are that on 28.06.1993 accused respondents being armed with deadly weapons formed themselves into unlawful assembly and gharaoed a mosque near the house of Md. Habibur Rahman, the informant of the ca..Category: Criminal Law | Date: | Hits: 41
State Vs. Abdul Toab alias Abdul Towab and other, 2005, 34 CLC (AD)
....a) and others records produced as documentary evidence in the trial relied upon by the trial court in holding the accused respondent as guilty and in doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ......urt in holding the accused respondent as guilty and in doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ......titioner Vs Abdul Toab alias Abdul Towab and other…..........Respondents Judgment April 17, 2005 Lawyers Involved: Abdur Razaque Khan, Additional Attorney General, instructed by B. Hossain, Advocate on Record-Petitioner Nawab Ali, Advocate-o......urt in holding the accused respondent as guilty and in doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ..Category: Criminal Law | Date: | Hits: 35
M.A. Sukkur Vs. Md. Zahirul Haque and another, 2005, 34 CLC (AD)
....ioner and that normal financial deal between the debtor and creditor does not come within the scope of any offence as such the impugned judgment and order is liable to be set aside for the ends of justice." 10. The petitioner is directed to prepare paper book within 3 (three) months,......ation of the impugned judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001 be stayed till disposal of the appeal. Ed. ......llip;…….................Petitioner Vs. Md. Zahirul Haque and another………...Respondents Judgement November 15, 2005. Case Referred to- P. Eswara Reddy vs. State of Andhra Pradesh, 1986 CRI. L. J. 207. Lawyers Involve...... not to speak of any offence punishable under Section 420 of the Penal Code and that the High Court Division passed the impugned judgment and order disregarding the aforesaid facts and law. The submissions made on behalf of the petitioner merit consideration. 9. Le..Category: Criminal Law | Date: | Hits: 44
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