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.... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
...... affidavit-in-opposition made the Rule absolute upon observing as follows-
(a) that the petitioner society is the owner by purchase from the Government through registered sale deed of the land in question and these annexures, documents the society is still the owner of the land in question.
......peal and leave was granted to consider the submissions of the learned Counsel appearing for the HBRI and the learned Attorney-General that the writ petition having raised several disputed question of facts relating to the title and possession of the respondent society in respect of the land in quest..
Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ......ourt Division relating to the property of item Nos. 1 and 2 of the ‘Ka’ schedule. 15. The submissions of the learned Advocate for the appellant centre round the question as to whether the transfers of the property of item Nos. 1 and 2 were made for any kind of......loka Sundari of the property left by Narayan Chandra was unauthorised as because those transactions were brought in existence by the evil design of Borodh Kanta Roy and that by representing untrue facts as regard the necessity of the money in support of transfer of the property left by Narayan C..Category: Property Law | Date: | Hits: 47
Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
....tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ......ngst the persons who encircled the house of the victims the petitioner and some others entered into the hut wherein the victims were and caused injuries to the victims. 17. The question is whether the offences petitioner and others charged with were committed in the course of...... evidence on record against him and that the evidence on record would have been independently assessed by the High Court Division , the petitioner would have been acquitted. He lastly submits that facts and circumstances of the case and the materials on record show that petitioner could best be ..Category: Criminal Law | Date: | Hits: 76
Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)
....ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ......ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ......) of the Ordinance was issued to the respondent or any other person inclusion of disputed property in the ‘Kha’ list of the abandoned building is without lawful authority, In the facts and circumstances of the case as detailed above and found by the High Court Division and that..Category: Property Law | Date: | Hits: 46
Mahbubur Rahman and others Vs. Taslimuddin Ahmad and others, 2002, 31 CLC (AD)
.... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ...... Administrative Tribunal was affirmed by the Administrative Appellate Tribunal after dismissing the appeal of the Government. Before the Administrative Appellate Tribunal the Government raised the question of non- joinder of necessary parties, namely, 29 directly recruited Assistant Commissioner...... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ..Category: Administrative Law | Date: | Hits: 91
Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)
....ision passed the order of stay against which the present appellants preferred petition for leave to appeal before this Division. In both the appeals the facts are similar and the points raised are identical and leave was granted on the following terms: “Mr Mahmudul Islam, learne...... M Amin Choudhury CJ.- These two appeals are taken up for disposal as common question of facts and law are involved. 2. Both the writ petitioners were appo...... M Amin Choudhury CJ.- These two appeals are taken up for disposal as common question of facts and law are involved. 2. Both the writ petitioners were appointed Appra..Category: Employment/Service Law | Date: | Hits: 57
Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
....setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ...... plaintiff in respect of the suit premises and he was not a defaulter as he has been depositing monthly rent in HR Case No. 30 of 1974 and the plaintiff has no bonafide requirement of the premises in question. 2. The trial Court decreed the suit and on appeal the same was affirmed. Thereaft......my view. Exhibit 2 is not a valid and legal notice under section 106 of the Transfer of Property Act in the matter of determination and termination of the tenancy of the petitioner. In view of the facts and circumstances of the case and for the reasons stated above, the judgment and decree compl..Category: Tenancy Law | Date: | Hits: 76
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ...... & others...........................Respondents Judgment December 4, 2001. Result: The petition is dismissed. The Constitution of Bangladesh, 1972, Articles &102 Since question of financial interest of the State is seriously involved in the instant case, in our view t...... Chittagong Port Authority wrote a letter (Annexure-D to the Writ Petition) to the petitioner intimating that on l0th January, 2001 his price bid would be opened. 3. In the background of the said facts respondent No. 1 moved the High Court Division in its writ jurisdiction and obtained Rule chal..Category: Others | Date: | Hits: 130
Abdur Rashid (Md) and others Vs. Bainchitala Junior High School, 2002, 31 CLC (AD)
....dgment of the High Court Division in any respect. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80. ......right to be added as parties (appellants) in the appeal were taken to be correct “then also they cannot be added as parties in the instant suit because they have independent right to call in question the legality and propriety of the decree passed in Title Suit No. 16 of 1981 wherein they ......to which the petitioners have succeeded on his death, they do not come within the ambit of legal representative as contemplated in rule 4 or Order XXII of the Code. Even if the facts as stated by the petitioners in assertion of their right to be added as parties (appellants)..Category: Property Law | Date: | Hits: 63
Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)
.... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ...... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ......he appellant and the informant lived at different places. So, it was not possible for them to produce the neighbouring people to prove that the deceased was assaulted and then strangulated. But the facts and circumstances particularly the evidence of PW 3 and the conduct of the petitioner clearl..Category: Criminal Law | Date: | Hits: 52
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
....dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ...... Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Before allowing any amendment to the plaint the Court must come to a finding that such amendment is necessary for determining the real question in controversy between the parties and that the same shall not change the nature and charac....... Being aggrieved by the same defendant-appellants filed the application for leave to appeal. 7. Mr Mahmudul Islam, learned Counsel appearing for the appellants, submits that having regard to the facts and circumstances of the case, the application for amendment filed by the plaintiff-respondent..Category: Procedural Law | Date: | Hits: 114
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ......r of Commerce, the instant letter of credit is no exception. 13. In the case of Unimarine SA Panama vs. Bangladesh 31 DLR (AD) 112 it has been held that: "The only question which arises in this appeal is whether the lighterage was attachable under Order XXXVIII ......dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ..Category: Civil Law | Date: | Hits: 115
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......ry CJ.- These appeals by leave are against judgment and order passed in Writ Petition No.4938 of 1999 by a Division Bench of the High Court Division which was filed as a public interest litigation questioning the validity of certificate dated 4-4-1999 of Bangladesh Bank giving no objection for t......itself. On the point of discrimination it was argued that the same was raised not by writ petitioner but by one of the amici curiae without any objective basis based on a misconception of relevant facts and applicable law. It is submitted that the power of waiver was exercised by the Government ..Category: Constitutional Law | Date: | Hits: 199
Government of Bangladesh Vs. Ramananda Sarker, 2002, 31 CLC (AD)
.... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ...... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ......il revision case before the High Court Division which, by the impugned judgment and order, discharged the Rule. 7. It is contended on behalf of the petitioners that, on the facts and in the circumstances of the case, the High Court Division acted illegally in refusing to ..Category: Procedural Law | Date: | Hits: 97
Osman Gani Vs. State, 2002, 31 CLC (AD)
.... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ......nbsp; Bimalendu Bikash Roy Choudhury J.- This appeal is brought before the Court by leave granted to the appellant Osman Gani to call in question his conviction under Part II of section 304 of the Penal Code recorded by the Assistant Se...... of section 304 of the Penal Code recorded by the Assistant Sessions Judge, Cox’s Bazar, which was upheld in appeal by a Division Bench of the High Court Division. 2. The facts leading to the prosecution of the appellant are, in brief, in PW 13, Sub-Inspector Md Shamsu..Category: Criminal Law | Date: | Hits: 55
Syed Abu Hossain Arshad & ors Vs. BD Sugar and Food Industries Corpn and ors, 2002, 31 CLC (AD)
...., facts and circumstances all the three leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 33. ......, facts and circumstances all the three leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 33. ....../postings were made in all the nationalized Sugar Mills including Faridpur Sugar Mills under the Bangladesh Sugar and Food Industries Corporation. In view of the aforesaid law, facts and circumstances all the three leave petitions are dismissed. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 115
State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)
.... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ...... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ......heard the learned Deputy Attorney-General for the appellant. No one appears for the respondents. The consideration of this case may appropriately commence with the two premises. One is the finding of facts arrived at by the learned Sessions Judge with which we find ourselves in agreement that there ..Category: Criminal Law | Date: | Hits: 55
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
....rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ......Court to make a comparison of signature or writings and so adoption of such a method cannot be termed as hazardous or dangerous and therefore the finding as to the genuineness of Exhibit 14 cannot be questioned only on this account. 8. Mr. Ahmed next submits that the cause for filing of the suit ......rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ..Category: Tenancy Law | Date: | Hits: 70
Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)
.... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ......p; 16(2)(XVI) Since the respondent assessee paid the bonus to the employees as per direction of the Government under the provisions of the above Ordinance and Notification, the question of earning profit for payment of bonus, does not arise……(5) Law......n 66 of the Income Tax Act 1922 in application Nos. 1, 2 and 3 of 1984. The High Court Division was required to answer the following question in the affirmative: “Whether in the facts and in the circumstances of the case the Tribunal was justified in directing the Deputy Comm..Category: Fiscal/Taxation Law | Date: | Hits: 66
Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
.... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ...... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ......would be frustrated. A suit allegedly decreed on the basis of cited decision which even if meanwhile reversed is no ground for review. 6. The High Court Division, in the facts and circumstances of the case, rightly held that “Having regard to the aforesaid decisi..Category: Employment/Service Law | Date: | Hits: 83
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