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Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
....sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ......e omitted sections. It was provided in sub section (5) of Section 93A that for the purpose of assessment of compensation under that section market value shall be the average market value according to disposition of properties of similar description in the vicinity during five years fro......Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Md. Nawab All, Advocate-on Record-For the Petitioner. Respondents-Not represented. Criminal Petition for leave to Appeal No. 147 of 2003 (From the judgment and order dated 21st June, 2003 passed by the H......hat the question raised by the petitioner is not a question which can be decided by the High Court Division acting as a court taking upon contempt matters and the High court Division also erred in law in holding that there is confusion about the legal position of final assessment to arrive at. ..Category: Property Law | Date: | Hits: 33
Md. Sirajul Islam and others Vs. State, 2005, 34 CLC (AD)
....sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ......sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ......d by Nawab Ali, Advocate-on-Record-For the Petitioners A.S.M. Khalequzzaman, Advocate-on-record-For Respondent No.2 Not represented-Respondent No.1 Criminal Petition for leave to appeal No. 126 of 2003 (From the Judgment and Order dated 05.08.2002 passed by the High C......cate submits, inter alia, that the trial court without complying with the provisions of Sections 87/88 of the Code of Criminal Procedure framed charge against the accused in sheer violation of law and the High Court Division passed by the impugned judgment and order ignoring the aforesaid v..Category: Criminal Law | Date: | Hits: 42
Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
....Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... the Petitioner. Ozair Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-Respondent No. 1. Not represented-Respondent No. 2. Criminal Petition for leave to Appeal No. 65 of 2004 (From the Judgment and Order dated 20. 10. 2003 passed by the High ......o Dhamnondi P. S Case No. 52 dated 18.01.1998 was started at the instance of aforesaid Cyma Zarrar. It is further revealed that Khwaja Mohammad Zarrar father of Khwaja Mohammad Arif i. e. father-in-law of Cyma Zarrar, Cyma Zarrar herself and Fazlul Kader Chowdhury the second party petitioner joi..Category: Procedural Law | Date: | Hits: 154
Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)
....find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ......find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ....... Lawyer Involved: Abdul Malek, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner Not Represented-Respondent Criminal Petition for Leave to Appeal No. 205 of 2003 (From the Judgment and Order dated 02.07.2003 passed by the High C......al Code and as such the instant criminal proceeding against the petitioner is liable to be quashed and that the learned Magistrate disregarding the facts and circumstances of the case and law illegally framed charge against the accused petitioner under aforesaid Sections of ..Category: Criminal Law | Date: | Hits: 57
Mohammad Junayed Quader Vs. Artha Rin Adalat No.4, Dhaka and others, 2005, 34 CLC (AD)
....ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......was accepted by the court and the said respondent deposited 25% of the bid money and at that stage the petitioner challenged the impugned order and so the sale could not be finalized. There is according to him no illegality in the sale. 5. Mr. Ozair Farooq, learned Counsel, appear......t No.2 Ozair Farooq, Senior Advocate, instructed by A. S. M. Khalequzzaman, Advocate-on-Record- For Respondent No. 3 Not represented-Respondent No.1 Civil Petition for leave to Appeal No. 170 of 2005. (From the Judgment and order dated 01.11.2004 passed by the High ...... order discharged the rule. Hence is this petition. 2. In support of the petition Mr. Mainul Hosein, learned counsel submits, inter alia, that the High Court Division misinterpreted the law and thus fell in error by concluding that the provisions of Section 33(1) to (4) were fully co..Category: Civil Law | Date: | Hits: 94
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
.... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ......gment and decree dated 31.8.95 passed by the learned Munsif, Bauphal in Title Suit No.439 of 1993. 2. Respondent No.1 as plaintiff brought the said suit on the averments, inter alia, that he took settlement of the land described in schedule-Ka to the plaint in Settlement Case No.242 of 196......ly that the impugned orders dated 21 October 1979 and 22 May 1982 were illegal and void. 7. Leave was granted to consider whether the learned Single Judge of the High Court Division erred in law in setting aside the orders dated 21 October 1979 and 22 may 1982 upon a misconception that pa..Category: Property Law | Date: | Hits: 35
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
.... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ...... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ..............Appellant Vs. Mst. Saleha Khatun and others ................Respondents Judgment July 31, 2006. Result: The appeal is allowed. Lawyers Involved: M. A. Azim, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellant Sk. Razaque Ali, S...... the kabuliyat dated 8.8.1917 having been created subsequently for the purpose of raisÂing claim in the land in suit as found by the Court of appeal below the High Court Division was in error in law in setting aside the judgment of the lower appellate Court and thereupon restoring the judgment ..Category: Property Law | Date: | Hits: 42
Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)
....vil Procedure and such appointment being illegal and without jurisdiction, the Rule ought to have been made absolute for the protection of rights/ interests of the minors and also for ends of justice; in the case of Bhagoban Das vs. Mahadeb reported in AIR 1923 Allahabad 298 it has been hel......k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ...... his heirs1 (a): Md. Ruhul Amin and others.....Petitioners Vs. Mohammad Tafazzal Mondal and others.............Respondents Judgement June 19, 2006. Case Referred to- Bhagoban Das vs. Mahadeb, AIR 1923 Allahabad 298. Lawyers Involved: S. M. Z......fter hearing a Single Bench of High Court Division on 25.02.2004 discharged the Rule. 3.The learned counsel for the petitioner submits that the High Court Division committed an error of law by discharging the Rule in so far as to the appointment of Acting Nazir/Nazir as guardian in c..Category: Property Law | Date: | Hits: 28
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
....cts and circumstances of the case and the findings made by the last Court of fact as well as by the High Court Division the learned Counsel for the appellant submitted that for the interest of justice the case may be sent back to the trial Court to enable the plaintiff to call the thumb imp...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ...... Md. Tafazzul Islam J Md. Aslam Khan .................Appellant Vs Haji Abdur Rahim and others .........Respondents Judgment June 18, 2006. Cases Referred to- Sree Chitta Ranjan Chakroborty being dead has heirs Ashish Chakroborty and others Vs. Md......t Division discharged the Rule on the finding that the trial Court decreed the suit wrongly placing onus upon the defendant to prove the kabala in question forged and fabricated although under the law it was the duty of the plaintiff or in other words onus was on the plaintiff to establish that ..Category: Property Law | Date: | Hits: 35
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....;ing the parties, we have found with regret that the matter has been dealt with in an absolutely misconceived manner and even without noticing a palpable fact on record causing miscarriage of justice. The impugned judgment is therefore wholly unsustainable. Now I proceed to the facts o......out following the service Rules of B.R.D.B. is an unjust inquiry even though for arguments sake, it is accepted that the principles of natural justice were followed." He decreed the suit accordingly. The learned Judge, it will be seen, ended up wrongly while making a very correct begin......n for consideration is whether the learned Judge of the High Court Division at all acted judicially in setting aside the appellate judgment and decree in favour of the defendants upon relying on a totally extraneous matter unrelated to the contending issues between the parties. After hear&s...... marked Ext.19. The learned Subordinate Judge, however, took no notice of it and dismissed the suit. 7. The learned Judge of the High Court Division without deciding the point of law raised for his consideration by the plaintiff although exhaustive notice was taken of the argu..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....ontribution of Tk. 5,00,22,000.00 (Taka Five crore and twenty two thousand) and damage and compensation for the delay in withholding of huge amount of investment. That for the sake of law, equity and justice, it is necessary to refrain the respondents from allotting further shares of the Jamuna Bank...... of congenial atmosÂphere at the formation stage and ceremonial opening of respondent No.1 bank. That the petitioners on 21.05.2001 instructed their lawyer to withdraw the aforesaid-legal notice and accordingly the said legal notice was withÂdrawn on 26.05.2001.That the respondents again deliberat......on No. 20 of 2004). Not represented-.Respondent Nos.3-5 (In Civil Petition No. 163 of 2004). Not represented-Respondent Nos.3-6(In Civil Petition No. 06 of 2004). Civil Petition for leave to Appeal Nos.20, 163 & 06 of 2004 (From the judgment and order dated 18th and 20th August 2......orporation and certificate for comÂmencement of business on 02.04.2001 from the office of respondent No.5 but the petitioners with great surprise observed that there was no logical proportionate and lawful reflection of the petitioners contribution of total Tk.5, 00,22,000.00 (Taka five crores and ..Category: Banking Law | Date: | Hits: 185
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ......V.P, Case No.566 of 1968. The Ministry of land by Memo dated 30.10.1989 informed the Additional Deputy CommisÂsioner (Revenue) Dhaka that the land has been released from the vested property list and accordingly the Additional Deputy ComÂmissioner (Revenue), Dhaka issued memo dated 17.12.1989 infor......………………Respondent (Civil Appeal No. 62 of 2004) Wega Fashion Sweater (Pvt.) Ltd. represented by its M.D. Md. Nurul Huda……………………………………Appellant Vs. Director Adjutand of Ansar & V.D.P. havÂing its office at Tikatuly & others ………………â€......ossessed the writ petitioners. The allotment of the land to the appellants having been made without jurisdiction and the writ petitioners having been illegally evicted in pursuance of the aforesaid unlawful allotment, the writ petiÂtioners were constrained to move the High Court Division in the wri..Category: Property Law | Date: | Hits: 91
Sekander Ali Howlader and others Vs. State, 1997, 26 CLC (AD)
....o taka ferot dileo tahadewr krito oporadh mochon hoyna.” 7. From the above, it was therefore a case of temporary defalcation. It is a serious offence nevertheless. However, he ends of justice, we think, will be met in the facts and circumstances of the case if the sentence of f...... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ...... Dr. Kamal Hossain, Senior Advocate, (both the appeals)(Mohammad Ziauddin Ahmed, Advocate, with him), instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants B. Hossain, Deputy Attorney General (both the appeals), instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For ...... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ..Category: Criminal Law | Date: | Hits: 44
Rokanuddin Sheikh Vs. State, 2006, 35 CLC (AD)
....is view of the matter we find that the judgment and order of conviction of the appellant cannot be interfered. 12. In the facts and circumstances we are however, of the view that the ends of justice would be met if the sentence is modified. 13. In the result the appeal is dismissed s......t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ...... Judgment August 1, 2006 Lawyers Involved: Shamsul Huda Manik, Advocate instructed by Md. A/tab Hossain, Advocate-on-Record-For the Appellant Golam Kibria, Deputy Attorney General, (Khandker Gulzar Hossain, Deputy Attorney General with him) instructed by Mrs. Sufi......t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ..Category: Criminal Law | Date: | Hits: 31
S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)
....counsel of the petitioner merit considÂeration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additionÂal grounds. Ed. ......counsel of the petitioner merit considÂeration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additionÂal grounds. Ed. ......24, 2004. Lawyers Involved: Md. Rafiqul Islam, Senior Advocate, instructÂed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner Not represented-Respondent Criminal Petition for Leave to Appeal No. 69 of 2003 (From the Judgment and Order dated 9th February, 2003 passed by the High......ection 138 of the Negotiable Instruments Act, 1881. 3.The learned counsel appearing for the petiÂtioner submits that the mode of obtaining and procurement of cheque not being the requireÂment of law, the High Court Division acted illegally in making the Rule absolute holding that 'we are constr..Category: Criminal Law | Date: | Hits: 50
Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)
....Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ...... Station-Daudkandi in the District of Comilla and a First Information Report was lodged to the effect by Sub-inspector Jahidul Haque (P.W.I) and that after investigation charge sheet was submitted accordingly. The case being sent for trial, the learned Special Tribunal No.6 and Additional Sessio...... Lawyers Involved: Subhas Chandra Saha, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Not Represented-Respondent Criminal Petition for Leave to Appeal No. 134 of 2003 (From the Judgment and Order dated 04.05.2003 passed by the High C......l evidence nor it can be said that the evidence adduced failed to prove the charge. On the contrary it appears to be a case proved well. 10. In view of the settled proposition of law and the facts and circumstances we find that the petitioner failing to make out any case within..Category: Criminal Law | Date: | Hits: 55
Foyej Ahmed Vs. State, 2004, 33 CLC (AD)
....der section 342 of the Code of Criminal Procedure inasmuch as there was nothing to show that the said application was vexatious and filed with he intent to delay thereby defeating the ends of justice. 4. It appears that the I.O. of the case was examined on 28.10.2002 and the accused ...... accused under section 342 of the Code of Criminal Procedure, the defense came out with a plea that they are innocent and have been falsely implicated in the case and would adduce evidence and accordingly an application was filed for issuance of summon upon the Medical Officer of Dolahazara......ahman, Advocate-on-Record- For the Petitioner. Not represented-For the Respondent. Criminal Petition For Lave of Appeal No. 4 of 2004 (From the Judgment and Order dated 22nd October 2003 passed by the High Court Division, in Criminal Revision No. 1185 of 2003) Judgmen......t the petitioner having taken the defense that they were innocent and falsely implicated in the case and cross-examined the P.W.1 that Rehana had illicit connection with her brother-in-law Sultan Ahmed over which there was altercation and scuffling between Fazal Ahmed and Sultan Ahme..Category: Criminal Law | Date: | Hits: 51
Ali Akbar® Abkar Dewan Vs. State, 2005, 34 CLC (AD)
.... 13 barrels' of stolen oil and that the accused-petitioner has been languishing in jail custody for the last 212 years and having been found guilty under section 412 of the Penal Code, ends of justice would be best served if the conviction is reduced, to 'sentence already served out' consider...... fine of TK. 5.000/-, in default, to suffer rigorous imprisonment for 6 months more maintaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ......volved: Sarwar Ahmed, Advocate, instructed by Md. Nurul Islam Chowdhury, Advocate-on-Record-For the Petitioner. Not represented-For the Respondent. Criminal Petition for leave to Appeal No. 283 of 2004 (From the Judgment and Order dated 12th April 2004 passed by the H......intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 23
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
.... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ......r in service, the latter cannot debar them from being promoted since seniority is not the only criteria for promotion. Rather seniority cum merit is the predominant factor for promotion, according to Service Regulation of 1997. The respondent has further stated that it is not true that...... Corporation & others...............Appellants Vs Mohammad Hossain & others ..............................Respondents Judgment July 18, 2006 Case Referred to- Muhammad Aboo Abdullah Vs. Province of East Pakistan and the Chief Secretary, Government......Board in 1974 shall continue until delegation of power is made afresh. Mr. Islam submits that it is an administrative order and they are not supposed to know the legal position and the position of law is that delegation of power once made shall continue unless withdrawn/rescinded. Therefore, by ..Category: Employment/Service Law | Date: | Hits: 91
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
....Ulfa Mai on the 1st of Jaistha, 1348 B.S. in presence of witnesses and others and also delivered possession to her, but this was not at all noticed and considered which resulted on failure of justice and the High Court Division without going to the record upheld the wrong and illegal findin...... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ......ts (In both the cases) Judgment: Md. Tafazzul Islam J.- These petitions for leave to appeal arise out of the judgement and order dated 21.07.2003 passed by a Single Bench of the Hi......the said R.S. record is wrong which being allowed by the learned Munsif the plaintiff preferred Miscellaneous Appeal No.9 of 1972 which on contest was allowed in part because of misconstruction of law and fact and being emboldened by those judgments, the respondent Nos. 112 made an attempt to ta..Category: Property Law | Date: | Hits: 27
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