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Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
....n proper perspective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us. The appeal is dismissed with costs. Ed. ......nged to Modhu Lal Bhowmick and others under landlord Amiya Narayan Sannayal of Putia Raj Estate and C.S. Khatian No. 422 of Mouza- Borpai, P.S. Manda was prepared and finally published accordingly. The plaintiff's case is that Modhu Lai Bhowmick and others surrendered their land o......ner, Naogaon were impleaded as defendant and proforma defendant respectively. The case of the plaintiffs, in short, is that 'Ka' and 'Kha' schedule suit lands originally belonged to Raja Amiya Narayan Sannayal of Putia Raj Estate. Khailash Chandra Mahantau and Ishwar Chandra Mah......ent and decree passed by the appellate court was set aside. 5. Leave was granted to consider the submission that the learned Single Judge of the High Court Division committed an error of law in reversing the decision of the appellate court in view of the finding of the appellate court t..Category: Property Law | Date: | Hits: 63
Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)
.... court without noticing that there was no existence of the application dated 20-4-1995 and this kind of non consideration is a non application of judicial mind which not only caused a failure of justice resulting in an error in the decision but also caused prejudice to the appellants. 8........ 372 of 1998 making the Rule absolute and thereby remanding the case to the appellate court below with a direction to dispose to the application dated 20-4-1995 and thereafter to dispose of the case according to law. 2. In this appeal, leave was granted in the following terms: - "Mr. ...... directed against the judgment and order dated 06-06-1999 passed by a Single Bench of the High Court Division in Civil Revision No. 372 of 1998 making the Rule absolute and thereby remanding the case to the appellate court below with a direction to dispose to the application dated 20-4-1995 and ther...... making the Rule absolute and thereby remanding the case to the appellate court below with a direction to dispose to the application dated 20-4-1995 and thereafter to dispose of the case according to law. 2. In this appeal, leave was granted in the following terms: - "Mr. Mahbubey Alam..Category: Property Law | Date: | Hits: 56
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
....bsp; 16. Accordingly, 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. ......bsp; 16. Accordingly, 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. ......ion was filed impugning the order of the respondent No. 1 herein issued under the signature of the respondent No. 1 herein issued under the signature of the respondent No.2 asking the respondent No.3 to manage the business of the Waqf Estate of Hazrat Khaza Kalu Shah Mazar Waqf Estate, Sitakundu, Ch......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 dischargin..Category: Property Law | Date: | Hits: 57
Md. Abdul Jalil Khan Vs. State, 2006, 35 CLC (AD)
....rit consideration. Moreover, the petition is also delayed by 444 days but the reasons for condonation of delay are far from satisfactory. The criminal petition is accordingly dismissed. Ed. ......atter the submissions do not merit consideration. Moreover, the petition is also delayed by 444 days but the reasons for condonation of delay are far from satisfactory. The criminal petition is accordingly dismissed. Ed. ......June 2004 Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record- For the petitioner Not Represented-Respondent Criminal Petition for Leave to Appeal No. 124 Of 2001 (From the Judgment and Order dated 11.04.2000 passed by the High Court ......om the police reports (charge sheets) that the petitioner had already been dismissed from service and as such we do not find any reason to hold that trial of the petitioner without sanction is bad in law. In such view of the matter the submissions do not merit consideration. Moreover, the petition..Category: Anti-Corruption Laws | Date: | Hits: 94
State Vs. Abul Kalam, 2006, 35 CLC (AD)
....y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction. Ed. ......relative and the victim was introduced to accused Khoaj Ali and accused Nurul Amin and that accused respondent Abul Kalam was privy to the offence. After investigation charge sheet was submitted accordingly against the accused including the respondent Abul Kalam. 3. The case b...............................Petitioner Vs. Abul Kalam...................Respondent Judgment August 3, 2005. Lawyers Involved: Ramzan Ali, Deputy Attorney General, instructed by Mr. B. Hossain, Advocate-on-Record-For the Petitioner Not......oyee of Bangladesh Bank was known to the accused Abdur Rashid @ Jahangir and Bachchu and that they requested him to visit the house of accused Abdur Rashid and proposed marriage of his sister-in-law with A. K. M. Amirul Alam and also gave a proposal to invest Tk. 3,00,000/- for manpower busi&sh..Category: Criminal Law | Date: | Hits: 92
Enamul Haque Vs. The State, 2006, 35 CLC (AD)
....greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no consideration and accordingly it is dismissed. Ed. ......rge sheet, the petitioner filed Naraji Petition praying for adding sections 4 and 8 of the Jana Nirapatta (Bishesh Bidhan) Ain, 2000 and the learned Magistrate passed an order for further inquiry and accordingly the Investigating Officer submitted supplementary charge sheet under sections 4 and......2. Lawyers Involved: Sharif Uddin Chaklader, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 129 of 2001. (From the Judgment and Order dated 11 June, 2001 passed by the Hig......na Nirapatta Ain is illegal inasmuch as the investigating officer during investigation did not find any material to make out such a case and so he did not submit charge sheet under the aforesaid law. More so, according to the learned Advocate-on-record, the Tribunal itself gave order to sub..Category: Criminal Law | Date: | Hits: 81
Janata Bank Vs. Khalilur Rahman, 2006, 35 CLC (AD)
....ndamental Rule 29 we are of the view that the submission have no substance. We, therefore, do not like to interfere with the impugned judgment and order. The leave petition is dismissed. Ed. ......late Tribunal in its turn considered the facts and circumstances and materials on record and found that in case of reduction of the post and pay scale of an Employee Rule 58 of the Regulation applies according to which imposition of a penalty of reduction in rank may be made for specified period. Bu......t Appellate Division (Civil) Present: Syed J. R. Mudassir Husain C. J Mohammad Fazlul Karim, J Amirul Kabir Chowdhury J Janata Bank, represented by its Chairman, Board of Directors, Janata Bank, 110, Motijheel Commercial Area, Police Station Motijheel, Dhaka and others.............ion applies according to which imposition of a penalty of reduction in rank may be made for specified period. But in the order complained of no such period being mentioned it could no be sustained in law and the appeal filed by the present petitioner bank before the Administrative Appellate Tribun..Category: Anti-Corruption Laws | Date: | Hits: 83
Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)
....onal statement; it is argued that without corroborative evidence the confession of a co-accused Exhibit-4 cannot be used against other accuseds and as a result there has occasioned serious failure of justice. 8. The learned Advocate-on-Record lastly contended that the High Court Division as w...... Sakander Sarker and Shahed demanded subscription of Tk. 30,000/- from Shahajuddin Bepari and he refused to pay and for which those persons forcibly caught and took away fishes from his tank and accordingly Shahajuddin filed C.R. case against the aforesaid persons. The said case was, howev..............................Respondent Lawyers Involved: A. K. M. Shahidul Huq, Advocate-on-Record-Petitioners. Not Represented-For the Respondent. Criminal Petition for Leave to Appeal No. 80 of 2001. (From the Judgment and Order dated 4/5-2-2001. Passed by the High Court D......f the High Court Division. 7. The learned advocate-on-Record has placed the impugned judgment of the High Court Division before us and contended that the High Court Division committed error of law in upholding the conviction and sentence of the petitioners of the basis of confessional stateme..Category: Criminal Law | Date: | Hits: 121
Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
....sion rightly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ......as Iqbal. 16. We are also of the view that from the nature of injury found on the parietal region of head of the deceased, a piece of stone can be termed as a weapon of offence and accordingly the High Court Division rightly convicted the appellant under section 324 of the Pe...... August 14, 2004. The Penal Code, 1860 (XLV of 1860), Section 324 In course of quarrel, two of the accuseds caught hold of the victim and took him out to the courtyard. The appellant assaulted the victim at the head with a piece of stone......the hostile attitude of the accused persons the informant and his sons rushed to their dwelling house and took shelter in their respective dwelling huts. The accused persons then by forming an unlawful assembly at about 8.00 A.M. entered into the dwelling house of the informant and started thro..Category: Criminal Law | Date: | Hits: 95
Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)
.... or part thereof from 15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ......of 30 days wages at the said rate for every completed year of service or part thereof from 15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ......d against the judgment and order dated 9.5.1999 passed by the First Labour Court, Chittagong allowing the case in part in Complaint Case no. 14 of 1993 whereby the second party appellant was directed to pay proportionate dues to the first party respondents on the basis of claim made by the first par......spondent acted as local agent engaged as a daily rated employee. The learned Counsel lastly submitted that he High Court Division was wrong in not declaring the impugned judgment (Annexure-H) without lawful authority on the ground that the Labour Court has made out a third case holding that the firs..Category: Labour and Industrial Law | Date: | Hits: 130
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 32 CLC (AD)
....ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......ondent felt the necessity to import the duplex board from South Korea to use them in the inner and master carton in order to increase more export of Shrimps to the satisfaction of the foreign buyers, accordingly applied on 16.2.1995 to the writ respondent no. 1, the Member, National Board of Revenue................Appellants Vs. Mustafizur Rahman ..................Respondent Judgment January 21, 2003. Result: The Appeal is allowed. Lawyers Involved: A. F. Hassan Ariff, Attorney General (Borhanuddin, Deputy Attorney General with him), instructed by Md. Sajjadul Huq, Advo......nt and order of the High Court Division making the Rule absolute declaring that the impugned Memo No. 2(14) Customs 8/90/307 dated 8.2.1996 vide Annexure -C of the Writ petition has been made without lawful authority and the same is of no legal effect and directing the appellants to accord permissio..Category: Fiscal/Taxation Law | Date: | Hits: 130
Mohiuddin and others Vs. Shwkat Ali and others, 2006, 35 CLC (AD)
....to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ...... present plaintiffs who were minors at that time except Mujibunnessa and Dilzan Nessa, the two wives of Amir Ali, to execute necessary document in favour of Mojibur Rahman. The heirs of Amir Ali accordingly made settlement of the suit land in favour of Mojibur Rahman. In pursuance of the set&sh......suit property. During pendency of the suit a further prayer was made by amendment of the plaint for recovery of possession. The case of the plaintiff respondents was that the suit lands belonged to their predecessor in interest Amir Ali who died leaving the plaintiffs as his heirs and they......to this appeal. 4. Mr. Khandker Mahbubuddin Ahmed, learned Counsel appearing for the defendant appellants submits, inter alia, that the learned Single Judge of the High Court Division erred in law in setting aside the concurrent finding of facts of both the courts below with regard to the pos..Category: Property Law | Date: | Hits: 57
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
....r permanent injunction and in order to enable the Court to arrived at the findings as to actual and exclusive possession of the suit land on the basis of evidence on record, we feel that ends of justice would be best served if the suit is remanded to the trial Court for disposal in accorda......ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ......be evicted with force except in due course of law and can exercise his right of possession restraining everybody including the real owner. In a suit for permanent injunction court need not enter into disputed title except to the extent that it would help the Court in finding which of the parties......I of 1877), Section 54 Court cannot disentitle the plaintiff of a decree for permanent injunction if he can prove possession and could not be evicted with force except in due course of law and can exercise his right of possession restraining everybody including the real owner. In a s..Category: Property Law | Date: | Hits: 43
Meghna Textile Mills Limited Vs. Md. Barkatullah & others, 2006, 35 CLC (AD)
....six) months. 9. The petitioners are permitted to add additional ground. 10. The appellants are permitted to make the appeals ready for hearing within 6(six) months. Ed ......six) months. 9. The petitioners are permitted to add additional ground. 10. The appellants are permitted to make the appeals ready for hearing within 6(six) months. Ed ......druddoza, Advocate instructed by Mohammad Nawab Ali, Advocate-on-Record-For the Petitioner (in all the cases) Not represented-Respondent (in all the case) Civil Petition for Leave to Appeal Nos. 898-902- of 2002. (From the Judgment and order dated 03.03.2002 passed by the High C...... and orders dated 03.03.2002 passed by a Division Bench of the High Court Division in Writ Petition Nos. 3142 of 1999, 4469 of 1999, 4470 of 1999, 4471 of 1999 and 4472 of 1999. As common question of law and fact is involved in all these petitions these were heard together and are disposed of by thi..Category: Employment/Service Law | Date: | Hits: 120
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
.... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ......ng cancellation of the said contract in view of the inability of RAJUK to mobilise resources during the 4th five years plan along with other resource constraints of the Government. The Chief Engineer accordingly refunded the bank guarantee for an amount of Tk. 5 lac furnished by the Contractor. Cons......Engineer Road and Highways Department, Government of the People's Republic Bangladesh, Sarak Bhaban, PS. Ramna, Dhaka.....Respondent Judgment 13th August 2004 Cases Referred to- Hashmat Ali Jamadar and others Vs. Asmat Ali Jamadar, 6 DLR 478; Sachindra Lal Das and ......award dated 21.9.1991 signed and delivered by the sole Arbitrator Mr. Justice Sultan Hossain Khan making the same a rule of the Court to be without jurisdiction and a nullity in the eye of law. 2. Facts relevant for disposal of the appeal, inter alia, are that the Government of t..Category: Alternative Dispute Resolution | Date: | Hits: 229
Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)
....which are matters for adjudication by the Administrative Tribunal and observed as follows: "Within its jurisdiction the Tribunal can strike down an order for violation of principles of natural justice as well as for infringement of fundamental rights, guaranteed by the Constitution, or of any......discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ......lam J Khalilur Rahman A.S. P. S. B Dhaka............................Appellant Vs. Md. Kamrul Ahsan and others.................Respondents Judgment July 5, 2005. Cases Referred to- Mujibur Rahman Vs. Government of Bangladesh, 44 DLR (AD) 111; SP Sampath Kumar Vs. Union of ......Nisi calling upon the respondents No. 1-3 to show cause as to why their actions relating to further promotion of the officers mentioned in Annexure B should not be declared to have been taken without lawful authority and to be unconstitutional and violative of the petitioner's fundamental rights gua..Category: Administrative Law | Date: | Hits: 152
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ......ed the suit. 6. The learned Judges of the High Court Division found that the appellant was a permanent resident of the territories now comprise of Bangladesh on the 25th of March 1971 and according to his own statement in the plaint he left for Karachi in November 1971 and returned to Ba......, Advocate, instructed by Md. Aftab Hossain, Advocate-On-Record...........For the Appellant Sirajuddin Ahmed, Advocate-On-Record absent......For Respondent Nos. 1-2 B. Hossain, Deputy Attorney General, instructed by Shamsul Hague Siddique, Advocate- on- Record......For Respondent No. 3......erty had vested as an abandoned property under President's Order No. 16 of 1972 and that as per Article 14 of P.O. No. 16 of 1972 the property having vested in the Government by operation of law the same cannot be subjected to any legal proceeding and as such the suit for declaration of tit..Category: Civil Law | Date: | Hits: 128
Abdul Malek and others Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
...., felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ......, felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ...... Syed J. R. Mudassir Husain J: - This appeal is from the leave granted by this Division in civil petition for leave to Appeal No. 654 of 1999 filed against the judgment and order dated 8.3.1999 passed by the High Cou......rpreting exhibit-5 the deed of executed by Ataul Haque Chowdhury in favour of the plaintiff-predecessor Mansur Ahmed and this having being not done, the High Court Division committed an error of law which resulted in an error causing failure of justice. 10. Mr. A. J.&..Category: Property Law | Date: | Hits: 73
Sujit Chandra Roy and others Vs. Abdur Rouf and another, 2006, 35 CLC (AD)
....udges of the High Court Division rightly passed the impugned order and we do not find any legal infirmity for our interference. Accordingly, this petition is dismissed. Ed. ......udges of the High Court Division rightly passed the impugned order and we do not find any legal infirmity for our interference. Accordingly, this petition is dismissed. Ed. ......ed: Shamsul Huda Manik, Advocate, instructed by Sufia Khatun, Advocate-on-Record- For the Petitioners. Not represented- Respondents. Criminal Petition for Leave to Appeal No. 81 of 2002. (From the judgment and order dated 28th April, 2002 passed by the High Co......fence of the proceeding. 4. Mr. Shamsul Huda Manik, the learned Advocate, appearing for the accused-petitioners, firstly contended that the High Court Division committed an error of law and fact in not quashing the proceeding in view of the allegations disclosed in the complaint pe..Category: Procedural Law | Date: | Hits: 104
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
....nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ......eal. 7. Dr. M. Zahir, learned Counsel appearing on behalf of the appellant reiterated the submissions made by him at the time of hearing of the leave petition upon which leave was granted accordingly. 8. He further submits that the High Court Division committed error in holdi......issed the suit and the cross objection of the defendant appellant. 2. The facts, in short, are that the plaintiff respondent filed the aforesaid Money Suit for refund of Tk.4.81,250/-paid to the defendant-petitioner for the price of certain undelivered goods and for compensation at the r...... con tract by the plaintiff the amount of earliest" money and the money subsequently paid by the plaintiff has been legally forfeited and as such the impugned judgment suffers from error of law. 9. He further submits that, the tender notice was floated inviting tender for selli..Category: Business or Commercial Law | Date: | Hits: 108
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