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Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
.... issues and consequently, his decision seriously flawed both on fact as well as in law. The impugned judgment and decree, therefore, cannot be sustained, which have no doubt resulted in failure of justice. 10. In view of the above, we do not find any substance in the submissions of the le......urt, Narayangonj, after hearing the parties decreed the suit on 31.12.2002 in favour of the plaintiff and directed the plaintiff to file a petition for recovery of khas possession. The trial Court accordingly gave possession to plaintiff in an execution case and the defendant preferred Title App......li Sardar, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- Record-For the Petitioners Mahmuda Begum, Advocate-on-Record-For the Respondent Civil Petition for Leave to Appeal No. 1432 Of 2004 (From the judgment and order dated the 17th July, 2004 passed by ......ide or cancellation of them. In the facts of the case and the evidence, oral and documentary, on record the learned District Judge missed the vital issues and consequently, his decision seriously flawed both on fact as well as in law. The impugned judgment and decree, therefore, cannot be sustai..Category: Property Law | Date: | Hits: 28
Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)
.... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ...... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ...... Not represented- For the Respondent Nos. 2-6 Civil Petition for Leave to Appeal No. 1427 of 2005 From the judgment and order dated the 26th June, 2004 passed by t......ence with by this Court. 5. Mr. N.H. Khandker, learned Advocate, appearing for the respondent No.1 submits that the person dispossessed without the consent or otherwise than in due course of law, can claim for recovery of possession under Section 9 of the Specific Relief Act and even the t..Category: Property Law | Date: | Hits: 51
State Vs. Joinal Fakir & another, 2008, 37 CLC (AD)
....sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ......sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. .................................Petitioner Vs. Joinal Fakir & another.........Respondents Judgment November 28, 2007 Lawyers Involved: Abdur Rouf, Deputy Attorney General. Instructed by Sufia Khatun, Advocate-on-Record- For the Petitioner ......ef, is that on 23.05.1997 informant (P.W.I) Mst. Tanjila Khatun along with her husband Jamaluddin and son Jewel started at 6,00 A.M. from their residence at Ullapara for the house of her father-in-law (P.W.5) Md. Sirajul Huq at village Sandial Salap by Honda and reached there at 7.30 A.M. Leavin..Category: Criminal Law | Date: | Hits: 36
State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)
....o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......nal) Present: Md. Ruhul Amin J Syed J. R. Mudassir Husain J Abu Sayeed Ahammed J The State......................................Petitioner Vs. Md. Liton Miah @ Babu.........Respondent Judgment July 27, 2002. Lawyers Involved: ......h Court Division, contended that the impugned order dated 29-3-2001 passed by the High Court Division granting bail of the accused-respondent during the pendency of the trial of the case is bad in law and is liable to be set aside. Because of the fact, the accused-respondent suppressed the repor..Category: Criminal Law | Date: | Hits: 44
Khalid Alom Chowdhury Vs. State, 2008, 37 CLC (AD)
....nate period. The materials on record clearly show that the judgment of the appellate Court was passed in presence of the petitioner and that after the said judgment the petitioner was fugitive from justice and failed to discharge his obligation as per condition of bail bond. The petitioner filed ......n filing the revisional application. 13. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ......enior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioner Not represented- For Respondent Criminal Petition for Leave to Appeal No. 341 Of 2005 (From the Judgment and Order dated June 13, 2005 passed by the Hig......udgment the petitioner was fugitive from justice and failed to discharge his obligation as per condition of bail bond. The petitioner filed the revisional application after being apprehended by the law enforcing agency on 2nd May, 2005, although the judgment in the appeal was passed on May 14, ..Category: Criminal Law | Date: | Hits: 44
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....owers of the trial court and the appellate court was not only competent to do what the trial court ought to have done but was duty bound to take steps for any offences affecting the administration of justice and chapter XXXV of the Code of Criminal Procedure is meant for such proceeding and therefor...... have done and in so doing the High Court Division has not committed any error nor has caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......e Division (Criminal) Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Messrs N. F. M. Universal Estate Ltd. represented by its Managing Director Abdul Awal (Minto).........................Petitioner Vs. A. N. M. Obaidul Islam being de......also directed the Registrar to take the document in his custody and send the same in safe cover to the Fifth Court of Joint District Judge for prosecution of D.W.1 Abdul Awal Minto in accordance with law and directed the Joint District Judge, Fifth Court, Dhaka to make a complaint against D.W.1 Abdu..Category: Property Law | Date: | Hits: 75
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....er the substantive provision of the Companies Act, the Company Court is entitled to exercise its inherent jurisdiction wherever there is manifest breach of law and Article to prevent injustice and the provisions of the Companies Act are not subservient to proceedings in any other for......Investment Bank Ltd. The appeals involve same question of law on the self-same fact and disposed of by the same judgment by the High Court Division, and have been taken up together for hearing and accordingly, disposed of by this single judgment. 2. The facts relevant for disposal of these......out of the impugned judgment and order dated 11th December, 2001 passed by the learned Company Judge of the High Court Division dismissing the Company Matter Nos.79 and 86 of 2001 holding the same to be not maintainable in the Company Court rejecting an application for direction upon the respond......tion 95 of the Companies Act, 1994 to enable the appellants to attend the meeting of the Board of Directors of the respondent no. 1 Social Investment Bank Ltd. The appeals involve same question of law on the self-same fact and disposed of by the same judgment by the High Court Division, and have..Category: Business or Commercial Law | Date: | Hits: 147
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ...... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ......ip;.(19 and 20) The Specific Relief Act, 1877 (I of 1877), Section 27 In a suit for specific performance of contract the onus lies heavily on the person whose title arises subsequent to the contract to sell and he must prove that he is a purchaser for value and has paid the money i......of Mukhtar Hossain Khan vs Suresh Chandra Dey, 42 DLR 86 and the case of In re Karamatullah, PLD 1972 (SC) 25. 5. Leave was granted on the submissions that the High Court Division erred in law in holding that the contesting defendants are purchasers without knowledge of the earlier cont..Category: Property Law | Date: | Hits: 41
Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)
....or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ......98 the petitioner also made a representation for allowing him to join in his post; but without ensuring his joining and even without sending the matter to the respondent No. 2, the Education Board, according to Rule 22 of the Board of Intermediate and Secondary Education Dhaka, (Managing Committ...... ................Respondents Judgment November 29, 2006. Review Review petition is not maintainable unless there is error apparent on the face of the judgment sought to be reviewed and the petitioner cannot be allowed to reagitate grounds agitated in the rejected l......n created by any statute, is not a "statutory body" and further, a body or institution can claim to be a "local authority" if only it is established by the government under any law but the petitioner could not refer to any law under which the aforesaid Rifles Public School an..Category: Employment/Service Law | Date: | Hits: 68
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ...... the letter of allotment, which has been marked as Exhibit-A3, provides that the allottees must maintain the houses at their own expenses whenever necessary and they may construct additional sheds according to their requirement within their compound at their own cost with previous permission of ...... ...... purpose, the Government, on inquiry, cancelled the temporary allotment made to Rustam Ali and allotted the suit land to her; the plaintiff did not buy the suit land on complying with provisions of law; after the defendant Nos. 1/2 directed the plaintiff to vacate the suit property she agreed to ..Category: Property Law | Date: | Hits: 37
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
.... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ......-69 no gazette notification under section 5(7) of the Emergency Requisition of Property Act, 1948 (Act XIII of 1948) has yet been made, the land is still under requisition and the High Court Division accordingly rightly directed for release of the land at least in respect of LA Case No. 55 of 1968-6......nd interest, if any, of the owners are extinguished and preparation of khatain or payment of rent by such owner does not improve his title in respect of the acquired land. ……(10) Case referred to- Abul Basher vs. Bangladesh 50 DLR (AD) 11. Lawyers Involved: MA Azim, Deputy Attorne......in respect of certain matters concerning the business of the Government and these do not create any legal right in favour of any person to ask for return of unutilised land validly acquired under the law. 8. In the instant case the High Court Division in making the Rule absolute taking into cons..Category: Property Law | Date: | Hits: 46
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunÂder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunÂder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ......etary, MinÂistry of Law and JusÂtice & others........Respondents Judgment January 30, 1990. Result: The appeal is dismissed. The Constitution of Bangladesh, 1972 (as amended up to date) Articles 38 & 102 Though membership to the Society is open to all citizens of Bangla......charging the Rule issued in the appellant's Writ Petition No. 349 of 1989 by its judgment dated 29.8.1989 the High Court Division gave a certificate that the matter involved a substantial question of law as to the interpretation of the Constitution, particularly Article 38 thereof. 2. In his Writ..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....ide the uncontested elecÂtion of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......y injunction granting these reliefs namely, the Returning Officer was asked to cancel the uncontested election of the appellant, to accept the plaintiff’s nomination paper and to hold an elecÂtion accordingly. This order was challenged unsucÂcessfully before the District Judge in Misc. Appeal No......ment February 8, 1990. Result: The appeal is allowed. The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), section 26 Section 26 of the UP Ordinance has put a clear bar to determination of an election dispute by any court except the Election Tribunal. Secondly, the who......f 1983), section 26 Section 26 of the UP Ordinance has put a clear bar to determination of an election dispute by any court except the Election Tribunal. Secondly, the whole scheme of the election law is such that no dispute as to election can be raised at any intermediate stage, but it may be ra..Category: Election Law | Date: | Hits: 173
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ......no locus standi to opÂpose the grant of probate of the subsequent Will on the ground that if the properties attracted in the subÂsequent Will were the properties of Subasini, her brothers would be, according to Dayabhaga Law, her heirs in preference to Haripada and his brother. This view of the Di......t: Badrul Haider Chowdhury J Shahabuddin AhÂmed J MH Rahman J ATM Afzal J Shubra Nandi Majumdar……………………………................Appellant Vs. Begum Mahmuda Khatoon.....…………………………….....Respondent Judgment November 27,1989. Resu...... 9. Mr. S.R. Pal, appearing for the appellant, contended that the respondent cannot claim "to have any interest in the estate of the deceased" Mr. Pal argued that the High Court Division had erred in law in not considering that while Transfer of Property Act deals with transaction inter vivos, the S..Category: Property Law | Date: | Hits: 80
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......is further contended that the dying declaration was recorded by the Police OffiÂcer though there was sufficient time to call out a Magistrate for recording it. In a nut shell, the dying declaration, according to the defence, was not a genuine statement of the injured person but was a fabriÂcated d......t Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH RahÂman J ATM Afzal J Nurjahan Begum, wife of Abu Bakar Siddique, Sub-Inspector or Police, Banaripara Police Station, Dist. Bakerganj...........................……………â......le and it may be written or it may be verbal; it may also be indicated by signs and gestures, in answer to questions, if the person making it is not in a position to speak. There is no requirement of law that a dying declaration should be recorded by a Magistrate as in the case of the confessional s..Category: Criminal Law | Date: | Hits: 50
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....llant. In a writ proceeding the petitioner is not entitled to make out a case in his affidavit-in-reply. A departure from this norm can only be made in exceptional circumstances for makÂing complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order ......Government of Bangladesh being impleaded as respondent No.1 and although Mr. Qazi Shafiuddin, the learned Assistant Attorney-General, has entered appearance and filed power on behalf of the Ministry, according to the learned Assistant AtÂtorney-General notwithstanding the fact that the affiÂdavit-...... dead his heirs Shamsun Nahar & others (in both the appeals) ……...Appellants Vs. Bangladesh and Others (in both the appeals)................................Respondents Judgment October 31, 1989. The Bangladesh Abandoned Properties (Management, Control and Disposal) Order, 197...... he was the sole heir of the deceased Mojibur Rob. 11. Reliance is placed on Hazi Waziullah Vs. Addl. Deputy Commissioner 1989 BLD (AD) 135 for the contention that the High Court Division erred in law in not according the evidentiary value to the preÂvious judgment in Writ Petition No. 682 of 19..Category: Property Law | Date: | Hits: 32
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ......document which ought to be produced in Court by the plaintiff when the plaint is presented, or to be entered in the list to be added or annexed to the plaint, and which is not produced or entered accordingly, shall not, without the leave of the Court, be received in evidence on his behalf at t......ument under Rule 14 of Order VII CPC has no manner of application in considering the petition under Order VII Rule 11 of the Code. Nor on point of maintainability of the suit, the plaint is liable to be thrown away in limine as the question may be agitated in framing an issue to the point. Ther......he High Court Division committed error in discharging the rule ignoring such defect in the plaint. 10. He thereafter submits that the learned Judge of the Court Division committed error of law, in not finding that the plaintiff did not file any document as provided in Rule 14 of Order 7 ..Category: Property Law | Date: | Hits: 33
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
.... in the appeal, so that the rights of the parties as determined by the higher court may be enforced. If the effect of the decision of the appeal were to nullify the execution proceedings, much injustice would be caused in a great many cases. Suppose, for instance, the property of the judgment......cution Case in aid of the execution of the same as per modification within 3 years from the date or at least within 3 years from the date of dismissal of the Civil Petition for Leave to Appeal and accordingly the execution case is barred by limitation as no step has been taken within 3 years fro......sion. The suit was decreed on contest on 30.09.1980 and Title Execution Case No.18 of 1980 was filed for execution of the decree after evicting the trespasser defendants therefrom. The judgment-debtor then filed 1st Appeal No.20 of 1981 before the High Court Division and by the judgment and decr......allowing proceeding with the Execution Case No. 18 of 1980. 3. Leave was granted to consider the submission that the learned Judge of the High Court Division has erred in law in holding that Article 182(5) of the Limitation Act applies in the instant case and the Execut..Category: Procedural Law | Date: | Hits: 93
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
.... Ordinarily a litigant does not stand to benefit by lodging an appeal late. 2. Refusing to condone delay can result in a meritorious matter being thrown out at the very threshold and cause of justice being defeated. As against this when delay is condoned the highest that can happen is th...... equality before law demands that all litigants, including the State as a litigant, are accorded the same treatment and the law is administered in an even-handed manner. There is no warrant for according a step motherly treatment when the 'State' is the applicant praying for condonation of d...... represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others............... Respondents Judgment May 9, 2006. Cases Referred To- Ata Ullah Malik vs. The Custodian of Evacuee Property, West Pakistan Karachi and others, 16 DLR (SC) 298; Lyallpur vs. Ch. Faq......e because of the materials in detail noted in the judgment of the High Court Division we are of the view that in the background of the said facts delay in filing the appeal has quite in accordance to law been condoned by the appellate Court. This Court in the case reported in BLD 1986 (AD) 180 has o..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
..... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ....... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ......No. 53of 1995) vs Sreemati Shaibalini Ghose & ors…………......Respondents (In all Appeals) Judgment November 27, 1997 Cases Referred to- Hajee Abdus Sattar v. Mahiuddin & ors 38 DLR (AD) 97; Amritalal vs. Uttam Lal, AIR 1...... the appeals, however, Mr. Pal, shifted the thrust of his submission and made an attractive argument on the basis of the pleading of the plaintiff -appellants raising a mixed question of law and fact which was neither raised nor considered at any stage heretofore. The argumen..Category: Property Law | Date: | Hits: 106
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