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Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
....h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ......deserted the area, started rooming about in the area and created an uneasy situation and, therefore, the respondents had to take actions under the provisions of the Vagrancy Act and took steps according to law and the actions so taken were bonafide and so the rule was liable to be discharge......desh Secretary for the Enforcement of Human Rights (BSEHR) and others....Respondents Judgment August 8, 2004 Lawyers Involved: Abdur Razaque Khan, learned Additional Attorney General, instructed by Sajjadul Huq, Advocate-on-Record—For the Appellants. Sig......r should not be declared illegal and directing that the sex-workers in custody be brought before the Court so that it may satisfy itself that they are not being held in custody without lawful authority or in an unlawful manner. 4.The rule being issued, the appellant contest&sh..Category: Constitutional Law | Date: | Hits: 150
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed....... the shop room let out to a tenant involves element of must have and constitutes bonafide requirement. Thus, we do not find any reason to uphold the judgment and order of the learned Single Judge and accordingly we set aside the same and restore those of the learned S.C.C. Judge and Assistant Judge ......r. Md. Ruhul Amin J Mr. Md. Tafazzul Islam J Mst. Jahanara Khatun ............Appellant Vs Md. Nurul Islam ……………........Respondent Judgment May 25, 2006 Cases Referred to- Abdus Salam Bepari Vs. Shamsun Nahar Bibi and others, 6 BLC (AD) 36; Zaher Ahmed Vs. Manik Sa...... aside the judgment and decree of the appellate court affirming the judgment and decree of the trial Court. 8. Leave was granted to consider the contentions that the High Court Division erred in law in not taking into consideration that the tenant has erected tin-shed adjacent to the suit shop ..Category: Tenancy Law | Date: | Hits: 180
Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)
.... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ...... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ......Nos.1-6 for khas possession and for eviction of the monthly tenants of the defendant-petitioner. 3. The petitioner being defendant No.3 in Title Suit No. 64 of 1992 filed an application to stay proceeding of the suit till disposal of the aforesaid Title Suit No. 213 of 1979 conte......beyond the limits of Bangladesh established or continued by the Government and having like jurisdiction, or before the Supreme Court." 16. On perusal of the aforesaid provision of law it appears that no Court should proceed with the trial of any suit in which the matter in issu..Category: Procedural Law | Date: | Hits: 105
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
....t allegations brought against the plaintiff "have not been proved by any corroborative evidence" and finally the High Court Division observed that there was no error of law or failure of justice because, of the judgment and decree passed by the Courts below. 7. Leave was obtaine...... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ......Cadet College, Pabna, Bangladesh and another ............Appellant Vs A.B.M. Abdul Matin .......................Respondent Judgment July 30, 2006. Cases Referred to- Mohammed Abdul Nairn Vs. the Chairman, Board of Director, Sonali Bank, Head office and o...... College authority served show cause notice on the plaintiff and he replied to that and the reply as was not satisfactory an Inquiry Committee was constituted and the Inquiry upon due observance of law held and in the light of the report of the inquiry Committee 2nd show cause notice was served ..Category: Employment/Service Law | Date: | Hits: 113
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ...... (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Serjuddowla Sowdagor...........................Appellant Vs Administrator of Waqf & others............ Respondents Judgment August 16, 2004. La......e writ petition having not been posted in the cause list for “hearing of the Rule" but was posted for hearing as "application," the High Court Division committed grave error of law in deciding the writ petition on merit and such error led to error in the decision in dischargi..Category: Trust/Waqf Law | Date: | Hits: 190
Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)
....e case is still being investigated with allegation of threat and tempering with the evidence/witnesses his bail should be cancelled and the ought to remain in custody for securing the ends of justice. The learned Counsel further submitted that upon being threatened by the accused respondent...... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ......t: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Runu Akhter.................... ...........Petitioner vs Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston.............Respondent Judgement August 22, 20......nir Hossain in attempt to save him stepped on the accelerator of the car but he was also shot. The car could not go very far. After the accused left the place of occurrence, informant's brother-in-law (Bhashur) Liaquat Ali, Md. Babul Akhter and the owner of the neighboring studio one Asad took t..Category: Criminal Law | Date: | Hits: 31
Mahabubul Goni Vs. State, 2005, 34 CLC (AD)
....ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......ahidullah, Advocate-on- Record- For the Petitioner Bivash Chandra Biswas, Advocate-on-Record-For Respondent No. 2 Not represented-Respondent No. 1 Criminal Petition for leave to Appeal No. 92 of 2004 (From the Judgment and Order dated 21.03.2004 passed by the High i ......, shall be punishable with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine." 6. From the aforesaid provision of law it appears that willful making of any statement in any material particular knowing it to ..Category: Criminal Law | Date: | Hits: 29
State Vs. Delwar Hossain Talukder, 2003, 32 CLC (AD)
....ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ......ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ......p;…...Appellant Vs Delwar Hossain Talukder.......................Respondent Judgment May 26, 2003. Lawyers Involved: Abdur Razzak Khan, Additional Attorney General (Faisal H. Khan, A. A. G. with him), instructed by Mvi. Md. Wahidullah, Advocate-on-...... as stated in the F.I.R. that Delwar Hossain Talukder had fired gun shot at the fighting and at his instance the younger brother of informant died the High Court Division has fallen in an error of law in enlarging the respondent on bail by the impugned judgment and order dated 4.11.2002 in the c..Category: Criminal Law | Date: | Hits: 68
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....ant as deprived of an adequate opportunity to show cause before the Customs authority as contemplated under Section 180 of the Act and as to whether the deprivation has caused a miscarriage of justice in this case. Maninul Hosein reiterates that from the earliest point of time i.e., from the......al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ...... Lawyers Involved: Mainul Hosein, Advocate (Md. Joynal Abedin, Advocate with him) Instructed by Md. Aftab Hossain, Advocate-on- Record-For the appellant. A.W.Bhuiyan Additional Attorney General, instructed By Mr. B. Hossain, Advocate-on –Record-For respondent Nos. 1-......rely prayed for cancellation of the three earlier orders no case was made out under section 196B of the Act and therefore there was no reason to hold that the impugned order was passed without lawful authority. 5. Mainul Hosein, learned Counsel for the appellant, submits that section..Category: Fiscal/Taxation Law | Date: | Hits: 112
Jamuna Knitting and Dyeing Ltd and ors Vs. Messers Yunusco K. Textile Ltd. & ors, 2006, 35 CLC (AD)
....sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ......sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ......cate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No. 1 (In both the cases) Not Represented-Respondent Nos.2&3 (In both the cases) Civil Petition for leave to Appeal No. 231 and 245 of 2005. (From the Judgment and Order dated 13.12.2004 passed by t......y;dent by evicting the petitioner. 2. Facts leading to the leave petition are that the petitioner Jamuna Knitting and Dyeing Limited and another filed a pre-emption case under Mahamadan law against the respondent Messers Yunusco K. Textile Lid. The Pre-emption was allowed and the tria..Category: Property Law | Date: | Hits: 41
Chair, BoD, Rajshahi Krishi Unnayan Bank & anr Vs. Md. A Motaleb & ors., 2006, 35 CLC (AD)
.... 10. The respondents are liberty to mention the matter fixed for hearing in the chamber. The petitioners are directed to prepare paper book within 6 (six) months. Ed. ......rd was to be vetted by the Chairman of the Board and the matter being placed before the Chairman he disagreed with the same specially on the criteria of markings of field experience which was according to ho him, in violation of the Padannoti Nitimala and also discriminatory against the fie......urt Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J The Chairman, Board of Directors, Rajshahi Krishi Unnayan Bank and another.... Petitioners vs Md. Abdul Motaleb a......o implement the same. He further submits that the observation of the High Court Division that condition of vetting by the Chairman embodied in the minutes of the 263rd meeting is without lawful authority and is of no legal effect suffers from serious error of law. 6. Mr. Amir-ul..Category: Employment/Service Law | Date: | Hits: 81
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....ranted in the following terms: "Whether the proposed amendment does change the nature and character of the suit or it is an additional/alternative prayer for doing the complete justice in the matter, requires investigation." 4. We have heard Mr. Mustafa Nia......easurement if necessary. Both the Courts below therefore committed an error in law in rejecting the prayer for amendment of the plaint for partition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in:......ffs. The plaintiffs thereafter filed an application under Order VI, rule 17 of the Code of Civil Procedure for amendment of the plaint by incorporating a prayer for partition as an alternative to the prayer for eviction and also for addition of two persons as defendants. The trial ......the complete justice in the matter avoiding multiplicity of suits and proceedings and, as such, the learned Subordinate Judge as well as the learned Judges of the High Court Division erred in law in rejecting the prayer for amendment of the plaint. 6. In order for correct understandin..Category: Property Law | Date: | Hits: 39
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......d renumbered as Title Suit No. 71 of 1991 stating, inter alia, that the land of SS Plot Nos. 7430, 7431 and 7432 were wrongly recorded in settlement records but, in fact, the total area of the land according to physical possession and measurement was 0.42 acres as described fully in the schedule...... Judgment August 2, 2007. Partition An amicable arrangement is no partition in the eye of law. A co-sharer in possession of land less than his share is always entitled to pray for partition by bringing a suit in a court of competent jurisdiction and if his claim is ...... Makhan Mia @ Md Laisuzzaman and others.... .................Respondents Judgment August 2, 2007. Partition An amicable arrangement is no partition in the eye of law. A co-sharer in possession of land less than his share is always entitled to pray for partition..Category: Property Law | Date: | Hits: 48
Golden Re-Rolling Ind. Ltd Vs. Sub Judge, Artha Rin Adalat No. 1 Dhaka & anr, 2008, 37 CLC (AD)
....do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ......e judgment of the High Court Division and other connected papers. 5. It is on record that the suit was fixed for peremptory hearing on different dates but the defendant did not appear and accordingly, the suit was ultimately decreed ex-parte and against the ex-parte decree an applicatio......Adalat No. 1 Dhaka & another.......Respondents Judgment February 5, 2007. The Code of Civil Procedure, 1908 (V of 1908), Section 151 A party cannot have recourse to the inherent jurisdiction of the Court under section 151 of the Code of Civil Procedure where an...... the Code of Civil Procedure was filed but the same was rejected on the ground of maintainability as noticed earlier. 6. The High Court Division held that it is an established principle of law that where an alternative remedy exists a party cannot have recourse to the inherent jurisdict..Category: Civil Law | Date: | Hits: 115
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......fur Rahman J Government of Bangladesh .............Appellant Vs Md.Golam Rahaman Mallick ................Respondent Judgment 27th July 1994. Cases Referred to- A. K. M. Nurul Alam vs. Bangladesh, 46 DLR (AD) 113; Monoranjan Mukharjee vs. Elec......holding that the order of dismissal was passed illegally. 4. Leave was granted to consider the Government-appellant's submission that the appellate Tribunal erred in law in setting aside the order of dismissal without considering that the respondent's case before t..Category: Criminal Law | Date: | Hits: 33
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......ted company and carrying on business of plantation, cultivation, production and processing of tea and other allied products, the appellant and the Deputy Commissioner, Habiganj entered into an agreement on March 19, 1988 and thereof the appellant was granted lease of Chundeecherra Tea ......d subsequently, granted the lease of Baluinohal in favour of the respondent No. 4. We therefore, hold that the impugned Annexure-A and A(l) cannot be declared to have been issued without any lawful authority, inasmuch as the petitioner company had already waived their right and conceded t..Category: Property Law | Date: | Hits: 43
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......terlocutory order dated 23-8-1999 of the Artha Rin Adalat was competent and maintainable. In this view of the matter, the impugned judgment deserves interference and the same is accordingly, set aside. The appeal is accordingly, allowed without any order as to co......ust 1, 2007. The Constitution of the People’s Republic of Bangladesh, 1972, Article 102 The Artha Rin Adalat Ain, 1990, Sections 6(1) and 7 An interlocutory order of the Artha Rin Adalat is final and conclusive and the aggrieved party cannot invoke r......viso to section 7 have made all other judgments not appellable which does not result in a decree but results only in an order and the same cannot also be called in question before any court of law or authority. The aforesaid sections 6(1) and 7 are reproduced below: in Bengali ..Category: Banking Law | Date: | Hits: 157
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....other than those who are in ties of relationship with the complainant or have personal animus against the accused. The Courts whose duty it is to adopt careful principles for the safe dispensation of justice act with perfect propriety when they scrutinize the evidence of persons falling in this cate......ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......140; State vs. Ful Mia, (2000) 5 BLC (AD) 41; Abdul Karim vs. State and another, (1981) 1 BLD (AD) 200; Abdur Rashid vs. the State, 27 DLR (AD) 1. Lawyers Involved: Mohammad Ali Akand, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate- on-Record- For the appellant. Abdul......rt Division is erroneous, that reasons assigned by the High Court Division in acquitting the respondents are mere surmises and conjectures and as such the order of the acquittal is not sustainable in law, that considering the time and place of occurrence at dead of night inside the hut corroboration..Category: Criminal Law | Date: | Hits: 44
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....e office of the Mutwalli and he has been rightly found to be entitled to get appointment and by appointing him as Mutwalli, the High Court Division has not committed any illegality rather has done justice to the Waqf Estate and to the respondent in particular. Amendment can be made at any stage ...... District-Chittagong as Mutawalli of the Ershad Ali Chowdhury Waqf Estate E.G. No.6269 (Chittagong-Cox's Bazar) from the First Group observing the stipulated rotation system in the waqf deed itself according to which the petitioner has become entitled to be appointed as Mutawalli for the present......iqul Islam Khan...............................Petitioner (In all cases.) Vs Mohammad Hanif & ors....................Respondents (In C. P. No.746 of 2007) Nawab Katara, (Nimtoli) Dhaka and other………Respondents (In C.P. No.745 of 2007). M. Rafiul ...... perused the judgment of the High Court Division and other papers on record. 13.The learned Counsel for the petitioner had submitted that the High Court Division committed an error of law in holding that the petitioner herein is not entitled to act as Mutwali without co..Category: Trust/Waqf Law | Date: | Hits: 199
Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)
....the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:......erials on record and upon hearing the parties found that the opposite party No.1 became a defaulter in repayment of loan money received by him from Janata Bank and thereby became disqualified and accordingly allowed the election petition. On appeal in Election Appeal No.1 of 2003 before the lear......er. Md. Abdul Wadud Bhuiyan, Senior Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 67 of 2007. (From the judgment and order dated 12.12.2006 passed by the High Court......on 5 the opposite party No.1 petitioner is not a loan defaulter. Section 2 of Bank Company Ain, 1991 (Act 14 of 1991) provides that provision of said Act still not affect the provisions of any other law for the time being in force and also is not in addition to the provisions of any other existing ..Category: Election Law | Date: | Hits: 162
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