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State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)
....orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ......atun, accused-respondent No. 3, who was divorced by him prior to his death and thereafter she married Md. Raihan Ali Khandker, accused respondent No. 1. Said Rashida Khatun claiming herself to be the lawful wife of Mojahar Ali Mollah claimed the said property left behind by Mojahar Ali and on 11-10-..Category: Procedural Law | Date: | Hits: 120
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
....Mr. Rafique-ul Huq, learned Counsel for the petitioner, upon drawing our, attention to the declarations made by the process server along with his reports (Pages 388 and 392 of the paper book) and the provisions of rules 19 and 19A of Order 5, CPC and further referring to the decisions Md. Iman Ali v......il entering caveat for respondent No. 4 submitted the High Court Division correctly decided both the points, that of service of notice and grounds for attachment, upon following correct principles of law. 11. We are inclined to agree with Mr. Ahmed. As far as service of notice is concerned, we ..Category: Procedural Law | Date: | Hits: 134
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ......an order of reprimand in place of an order made by Tribunal No. 1 constituted under Bangladesh Bar Council debarring respondent No. 1 Mr. Khawja Abdul Gani, Advocate from practicing the profession of law before court for a period of five years for gross professional and other misconduct. 2. Mrs. ..Category: Others | Date: | Hits: 105
Mansur Ali Sikder Vs. Kanailal Banaajee & others, 1997, 26 CLC (AD)
....committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ......dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order XVI Rule 1 If prayer for issue of summons to witnesses not bona fide or it is an abuse of process of the Court, it will not be unlawful for the Court to refuse such a prayer for issuance of summons. Lawyers Involved: Abdul..Category: Property Law | Date: | Hits: 82
Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)
....ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ......ion of the same. The High Court Division noticed this and set aside the appellate decision in view of the patent infirmity of reasonings of the appellate Court and in view of the settled principle of law that a judgment of reversal should advert to the findings and reasonings of the trial Court and ..Category: Property Law | Date: | Hits: 88
Al-Haj Abul Basher Vs. Bangladesh and others, 1997, 49 CLC (AD)
....same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ......dy received 90% of their compensation and only 10% remains to be paid. The Ministry of Land has never issued any order for release of the land of the petitioners. Consequently, the petitioners cannot lawfully claim for release of the land in question. 4. Mr. Abdur Razzaq, learned Advocate appeari..Category: Property Law | Date: | Hits: 81
Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)
....fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ......re in the plot to Abdul Hossain Sheikh and others. As a result, he had no subsisting interest for sale to the plaintiffs. The defendants have acquired the suit land from the daughters and daughter-in-law of Abbas Miji by purchase and they are in possession thereof. The suit land is unspecified and v..Category: Property Law | Date: | Hits: 83
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....t petition that no action was taken on the said allegation but suddenly he was placed under suspension on 19-8-89 and an enquiry officer was appointed to hold enquiry on the said allegation under the provisions of the Government Servants (Discipline and Appeal) Rules, 1985, briefly, the Rules of 198......angladesh Shilpakala Academy under Memo No. বাশি এ/বিভাগীয় মামলা নং-৫/১৬৩৩ dated 25-1-90 dismissing the said respondent from service was passed without lawful authority and of no legal effect. 2. Material facts of the case, briefly, are, that the ..Category: Employment/Service Law | Date: | Hits: 145
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
....1969 (IV of 1969), sections 64, 66 & 67 Provisions of sections 64, 66 & 67 of the Customs Act have no manner of application in case of supply of spare parts, machineries, provision and necessaries to a vessel in distress. There is no legal bar in the Customs Act to the ......Judge dismissed the suit by the impugned judgment dated 3-8-1998 on the view ‘that plaintiff has not in fact supplied the spare parts, provisions and provided laundry service in accordance with law and I very much doubt that if the plaintiff himself fabricated and/or manufactured those spare p..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)
....ment made in the prayer portion is superfluous and not necessary because the election petitioner has already prayed for relief that the election as a whole is void and thereby no contravention of the provision of rule 45 of the Election Rules has been committed. 4. Being aggrieved by th......appellant filed the petition for leave to appeal and obtained leave on 16-8-1999 to consider the following submissions: “That the learned Judges of the High Court Division erred in law in not holding that the application for amendment filed long after 30 days as provided in Rule 4..Category: Election Law | Date: | Hits: 109
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
.... while disposing of the petition filed under Order VII rule 11 of the Code of Civil Procedure only the plaint may be looked into and not any other material, not even the petition filed under the said provision but the High Court Division disregarding this settled proposition entered into the merit o......os. 2 to 6 and these defendants filed an application under Order VII rule 11 read with Order XIV rule 2 of the Code of Civil Procedure for rejection of the plaint or in the alternative for hearing on law point first which prayer was rejected by the learned Subordinate Judge by Order dated 27-7-1999...Category: Property Law | Date: | Hits: 101
Shahid Miah Vs. State, 2000, 30 CLC (AD)
.... He further submits that upon such misconstruction the learned judges were wrong in not dispensing personal appearance of the accused in exercise of their inherent power for the reason there being no provision for such dispensation in the Code. Where in a criminal proceeding has been initiated legal......ce of the offence and issued process against the petitioner alone and releasing other co-accused. There upon the petitioner sought for dispensation of his personal attendance in the Court through his lawyer. The said application was rejected by the court on 11-4-1999 leading to filing an application..Category: Criminal Law | Date: | Hits: 109
Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
.... exercise of supervisory jurisdiction under Article 109 of the Constitution the High Court Division has got power to call for any records pending before the Subordinate Court but then in a case where provision of filing of a revision is barred under special statute I am afraid the argument of Mahmud......able. There are various decisions from Indian jurisdiction where it has been held that for fundamental basic principle of justice and fair play or where a patent or flagrant error in the procedure of law has crept in or where the order was passed resulting in manifest injustice the High Court Divisi..Category: Business or Commercial Law | Date: | Hits: 148
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......hip between the transferee and transferor is that of a Pir and disciple who is not a well educated woman burden of proof is on the Pir to establish that the transfer was valid and legal. Principle of law in this respect is to protect persons whose disabilities to fully understand the nature and effe..Category: Civil Law | Date: | Hits: 162
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ...... 12 gave an explanation that due to fear of his life he did not disclose immediately to the police details of the occurrence and finding the same satisfactory and considering the present condition of law and order situation in the country and finding no infirmity in the statement of this witness bef..Category: Criminal Law | Date: | Hits: 108
Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)
....e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ...... that the suit for partition simpliciter is not maintainable. 8. Leave was granted to consider the submission that the learned Single Judge of the High Court Division erred in law in failing to consider that both the courts below disbelieved the defendants claim that Yas..Category: Property Law | Date: | Hits: 76
Mostafa alias Mosto Vs. State, 2006, 35 CLC (AD)
.... the explanations offered for condonation of delay are far from satisfactory. For the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......ed before us the impugned judgment of the High Court Division as well as the judgment of the learned Sessions Judge and thereafter he submitted the High Court Division erred in law in not considering that the order of conviction and sentence is bad in law in view of the materi..Category: Criminal Law | Date: | Hits: 94
State Vs. Nurul Islam, 2006, 35 CLC (AD)
....esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ...... corroborated by independent witness and also by documentary evidence and further by circumstantial evidence and as such the conviction and sentence as passed by the Special Tribunal is valid in law, but the learned Appellate Court illegally set aside the judgment of the Tribunal causing failur..Category: Criminal Law | Date: | Hits: 106
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....hat all posts of the General Manager in all nationalized Banks and the Rupali Bank Ltd. were included in a common pool with a combined seniority list and promotion centrally controlled under the provisions of the Public Notification No. MF/Banking Division/Sec. IV/Recruitment Rules-3/95-124 dat......e achieved. II. Because the limit of the expiry of the validity of the selected persons in 1997 was arbitrarily fixed first upto 31.12.98 and then upto 30.6.99 without any sanction of law and nexus with the objective to be achieved and as such it was arbitrary and malafide. ..Category: Administrative Law | Date: | Hits: 130
Mahmuda Khatun and others Vs. Abul Younus Talukder, 2006, 35 CLC (AD)
.... the trial Court and rather they accepted it. 8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs. Ed. ......t in a monthly tenancy is heritable and the fact that the ex parte decree obtained in O.C. Suit No. 29 of 1972 has no direct bearing on landlord-tenancy relationship, the High Court Division erred in law in not holding that the Misc. Case initiated under Rule 13, Order IX C.P.C. had abated for not m..Category: Procedural Law | Date: | Hits: 83
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