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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. ......on oral evidence alone we are, therefore, of opinion that the High Court Division was perfectly justified in interfering 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; ...... Judgment August 10, 1997. Result: The appeal is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 42 The trial court found that the place, time, manner of entering into any oral agreement, settlement of consideration and payment towards the same, demand of conveyanc......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. ......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. ......legal right in favour of the petitioner who is seeking for return of the unutilized acquired land from the Government. The CDA with the approval of the Government prepared plots and distributed those to the allottees so it cannot be said that the land is kept unutilized. Mere non-use of the land for......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
Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)
....beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ......beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ......r. Pecuniary and other jurisdictions dividing the jurisdiction of single and division benches during the non-vacation period is obliterated during the vacation. The Single Vacation Judge is the repository of all manners of jurisdiction that the High Court Division enjoys, provided the matter is urge......beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ..Category: Procedural Law | Date: | Hits: 138
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. ......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. ...... Judgment January 22, 1997. Result: The appeal is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 56 The trial court as well as the court of appeal have not been able to find that the plaintiffs are in exclusive possession of a specific and separate share of the suit......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)
....as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ......is resignation in protest against certain misdeed of the then Director General. Subsequently, however, it was held by the Government that the acceptance of resignation by the Director General was not according to law and, as such, he was allowed to join his service which he did on 17-4-84. The respo......n (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Shilpakala Academy represented by the Director General of the Academy …….Appellant Vs. Shahidul Islam and another ……………......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)
....realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ......ntiff informed defendant No.4 quoting rate for the same by fax message dated 9-11-1996. Defendant No requested plaintiff to supply those 17 items of spare parts at the rate given by the plaintiff and accordingly the plaintiff supplied those items to defendant Nos.2 and 3 who acknowledged receipt of ..................... Appellant Vs. MV Forum Power and ors........... ....................... Respondents Judgment July 19, 2000. The Customs Act, 1969 (IV of 1969), sections 64, 66 & 67 Provisions of sections 64,......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)
.... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ...... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ......d the amendments can not be struck down. ……………………(11) (ii) The High Court Division should not entertain writ petitions against interlocutory orders passed by the Election Tribunal in the interest of speedy disposal of election petitio......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)
....rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ......ties in the earlier suit the allegation of fraud cannot stand. There was no fraudulent conduct of the respondents in the earlier suit. They placed all their cards before that court and it was decided accordingly. 9. It is well settled now that a plaint may be rejected under Order VII rule 11 of ......bdul Jalil and others.................................Petitioners Vs. Islamic Bank Bangladesh Ltd. and others.... ............Respondents Judgment June 1, 2000. Result: The petiton is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Sections 11, 151 & Order VI......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)
....been initiated legally in a competent court and it cannot be shown that such criminal proceeding, if is allowed to continue, will be “abuse of process of court” and need be quashed “for ends of justice” dispensation of personal appearance of the accused before such court does not fall within...... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ......riminal Procedure, 1908 (V of 1898), Section 561A Where criminal proceeding has been initiated legally in a competent court and it cannot be shown that such criminal proceeding, if is allowed to continue, will be “abuse of process of court” and need be quashed “for ends of justice” d......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)
....tain the revision when the conduct of the plaintiff was not fair. 6. From the facts as has been narrated it is palpably clear that the case was fixed on several dates and for securing the ends of justice and for proper adjudication of the issue the trial Judge exercised his judicial discretion a......ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ......ection 115 In a case where a statute bars entertainment of a revision the exercise of supervisory power under Article 109 of the Constitution is not available……..(7) Case Referred to- Sultana Jute Mills Limited and others Vs. Agrani Bank and others, 14 BLD (AD) 196 = 46 D......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. ......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. ...... The petition is dismissed. Burden of Proof When relationship 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 p......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)
....ye-witness of the occurrence and the First Information Report was lodged within 7 hours of the occurrence and the learned Judges of the High Court Division erred in law causing a great miscarriage of justice in disbelieving the evidence of PW 1 only because his blood-stained lungi was not seized by ......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. ......tatement of a witness before the court for the first time not disclosed before the Investigation officer immediately after the occurrence can be relied on. Since PW 12 gave an explanation that due to fear of his life he did not disclose immediately to the police details of the occurrence and find...... 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. ......nd that the plaintiffs are exclusive owners of 8 annas share of Sajjad Ali and others by way of purchase any kabala Ext. 1 and therefore, the plaintiff being admitted co-sharers are entitled to saham according to their share in the suit land and the learned Single Judge without considering the said ...... M. M. Ruhul Amin J Md. Tafazzul Islam J Tara Mia & others...........Appellants. Vs. Taru Mia & others.........Respondents. Judgment October 20, 2005. Lawyers Involved: Mahbub Ali, Advocate instructed by Md. Sajj...... 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)
....held material evidence to establish the guilt of the petitioner and as such the trial court as well as the High Court Division ought to have drawn an adverse inference to secure the ends of justice. 6. We have heard the learned Advocate appearing for the petitioner and perused the i...... 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. ......ingly, 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)
....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 failure of justice. 9. It is further contended by the learned Counsel that the learned Judges of the Hig...... on dock. Such non-consideration of material evidence is an illegality resulting in miscarriage of justice. 10. The points raised merit consideration. 11. Leave is accordingly granted upon condonation of delay. The Petitioner is permitted to prepare the paper book......; The State......Petitioner Vs. Nurul Islam……………….Respondent Judgment 13 May 2002 Lawyers Involved: Abdur Razzak Khan, Additional Attorney General instructed by Md. Ahsan Ullah Patwary Advocate-on-Record- For the Petitioner N...... 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)
....eft over 07 persons of the previous year on 21.09.2000. 8. In making the recommendation for the 07 persons left out from the second group, the Finance Minister stated that "for ends justice" they should be promoted first before promoting the 24 persons recommended in the ....... Mr. A. F. Hassan Ariff, the learned Attorney General appearing for the respondents submitted that the respondent had no legal duty towards the appellants to empanel him and to promote him according to any such panel as of right as the same has no statutory basis inasmuch as the appellant....... Bangladesh represented by the Secretary, Ministry of Finance, Banking Division and another.......Respondents Judgment December 18, 2002. Cases Referred to- Madras City Wine Merchants' Association V. State of T. N. (1994) 5 SCC 509, Schmidt......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. ...... 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. .........Plaintiff-Appellants. Vs. Abul Younus Talukder being dead his heirs Mrs. Yunus Ali Talukder and others .........Defendant- Respondents. Judgment 29th November 1995 Cases Referred to- Pradip Das and others vs. Kazal Das Sharma and others, 44 D.L.R. (AD) 1 Lawyers Involved......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
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....f the allottee/lessee except upon giving an opportunity to defend against the proposed action, and as such the High Court Division has erred in holding that "the question of principle of natural justice does not arise." 5. We have heard Mr. Khandaker Mahbubuddin Ahmed, the learned C......r of the appellant. 12. We find substance in the submission of Mr. Ahmed that in the matter of granting long terms lease of land government was exercising sovereign power of the State and accordingly the High Court Division erred in holding that "the question of principle of natural...... Appellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Agrabad Hotel Ltd. & another..............Appellants Vs. Revenue Deputy Collector, Cox's Bazar & others...........Respondents Judgment 28th November 2004&n......e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ..Category: Property Law | Date: | Hits: 127
The Vice-Chancellor Chittagong University Vs. Mohammad Nurul Amin Chowdhury, 2006, 35 CLC (AD)
.... and the petitioner did not avail the said chance due to lack of communication from the side of the University and pendency of this Rule, the petitioner should, all fairness and for ends of justice, be allowed to appear at a Special Subsidiary Examination in order to regularise his positio......023 of 1997 the respondent student was allowed to seat at the special subsidiary examination in order to regularize his position like other students standing on the same and similar position and accordingly he sat for the examination in July and August 1998 and the result was published on 5 of ......cellor Chittagong University .................Appellant Vs. Mohammad Nurul Amin Chowdhury. .............Respondents Judgment 3rd March 2004. Lawyers Involved: A.F.M. Hasan Ariff, Attorney General, Advocate-on-Record- For the Appellant Dr. M. Zahir, Senior Advocate, (Subrata......eyond the pleadings and the impugned order dated 27th October, 1998, that the learned Judges of the High Court Division were in serious error in declaring withholding of result of the petitioner as unlawful, since none of the order impugned in the writ petition shows that result of the petitioner wa..Category: Constitutional Law | Date: | Hits: 154
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ...... After remand both the parties filed the compromise petition to allow the appeal with direction to remand the case to the trial Court to enable the parties to prove certain documentary evidence and accordingly the suit was remanded to the trial Court. Thereafter the trial Court again decreed the s...... Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Section 100 (repealed) Section 100 of the Code of Civil Procedure does not authorise the High Court Division to disturb finding of fact of the Court of appeal below, the final Court of fact, arrived at on appr......ugned judgment submitting that the High Court was incompetent to disturb the finding of fact arrived at by the final Court of fact on consideration of evidence on record inasmuch as such erred in law in disturbing the finding as to adverse possession arrived at on the basis of the evidence and..Category: Procedural Law | Date: | Hits: 112
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