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Md. Alauddin Bepari Vs. Somola Khatoon & others, 2009, 38 CLC (HCD)
....cit Court fees without rejecting the plaint under Order 7 Rule 11 (d) of the Code of Civil Procedure and thereby committed an error of law resulting in an error in the decision occasioning failure of justice and as such the impugned Judgment and order is not sustainable in law. 7. Mr. Rabi Shanka......ting the application under Order 7 Rule 11 of the Code of Civil Procedure is hereby set aside and the plaint of the suit is rejected. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 251. ...... Court High Court Division (Civil Appellate Jurisdiction) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Md. Alauddin Bepari…………………….Appellant Vs. Somola Khatoon & others……………………opposite parties Judgment April 21, 2009. Result: ...... rejection of the plaint contending, inter alia, that the agreement in question was executed before the said amendment of the Specific Relief Act inserting Section 21A and hence the said provision of law is not applicable in the case. 5. Ultimately, the learned Joint District Judge, First Court, ..Category: Civil Law | Date: 21 Apr, 2009 | Hits: 91
Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)
.... him. 6. Mr. Moudud Ahmed, the learned Counsel, appearing for the petitioner, submits that the High Court Division passed the aforesaid judgment quite erroneously, causing serious miscarriage of justice to the effect that, impugned order of cancellation was issued by the respondent Nos. 2 and 7......n Case No.4893 of 2002 dated 13.05.202 and possessed the land by payment of rents and taxes to the respective authorities. Their names were also recorded in the Mahanagar Survey and a new khatian was accordingly prepared in their names. On 08.09.2004, the petitioner received the impugned letter and ......No. 1460 of 2008. (From the judgment and order dated 13.07.2008 passed by the High Court Division in Writ Petition No.5022 of 2005). Judgment Md. Abdul Aziz J.- This petition for leave to appeal is directed against the judgment and order dated 13.05.2008 passed by a Division Bench of ...... the High Court Division and other materials available on record. 8. The learned Judges of the High Court Division made the Rule absolute on discussion and proper consideration ,of the fads and law involved in the case holding that a registered deed of lease of immovable property for 99 years ..Category: Property Law | Date: 15 Apr, 2009 | Hits: 36
Md. Abdur Rashid & others Vs. Most. Amena Khatun and others, 2009, 38 CLC (HCD)
....ng the evidence adduced by the plaintiffs most illegally allowed the appeal dismissing the suit and thereby committed an error of law resulting in an error in the decision occasioning failure of justice and as such the same is not sustainable in law. 10. Mr. Md. Nurul Amin, assisted b...... is discharged, however, without any order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 296. ......and others…………………………Respondents Judgment April 13, 2009. Result: The Rule is discharged. Cases Referred to- Guru Charan Mondal and others Vs. Sree Bhaba Sindhu Sarkar and others, 1 EX File Plus (AD) ......st the defendant and the appellate Court below without appreciating the evidence adduced by the plaintiffs most illegally allowed the appeal dismissing the suit and thereby committed an error of law resulting in an error in the decision occasioning failure of justice and as such the same is not..Category: Property Law | Date: 13 Apr, 2009 | Hits: 2
Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)
....f-respondent did not produce adequate and conclusive evidence in respect of framing of issues in the suit and its decision in upholding the judgment of the trial court has occasioned a failure of justice, which is liable to set aside. 8. The Advocate-on-Record appearing for the respondent Nos......ourt Division. In such view of the matter we find not substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......st. Begum Jahanara as the plaintiff filed the above mentioned Title Suit against the appellant for Specific Performance of Contract, contending, inter alia, that the suit property originally belonged to Nishi Kanta Bandapadhya, the predecessor and father of the defendant Nos.1 and 2 Shayama Kanta ...... plaintiffs as to execution of the documents, which also themselves record the contract, stands. In the circumstances, trial courts' decree is found to have been reversed on erroneous view of the law as to 'onus of proof." 17. In the instant case therefore the appellate court was wrong in r..Category: Property Law | Date: 13 Apr, 2009 | Hits: 74
Abdus Sahid @ Shahid & others Vs. Anowara Begum & others, 2009, 38 CLC (HCD)
....it, observed that all the suit properties were not brought into hotch pot as well as all the parties were not impleaded in the suit. He further submits that in the circumstances, for the ends of justice, the learned District Judge allowed the Miscellaneous Case under Order XLI Rule 21 of the Co......4 and the prayer was allowed. Thereafter, the plaintiff-appellants compromised the appeal with the contesting defendant Nos.1-3 and another, defendant No.4 (as respondent Nos.1-4) and the appeal was, accordingly, allowed in terms of the compromise. Thereafter, the non-contesting defendant Nos.8-12 a......……………………………Opposite Parties Judgment April 9, 2009. Result: The Rule is discharged. Case Referred to- Ahejuddin Molla Vs. Hanufa Bibi and others, 26 D.L.R. (1974) 323. Lawyers Involved: ......hereafter should not have allowed the said defendant-respondents an opportunity to rehear the appeal and as such the impugned judgment and order allowing rehearing of the appeal is not sustainable in law. Moreso, the said Miscellaneous application was time barred and not in form and as such the..Category: Property Law | Date: 9 Apr, 2009 | Hits: 2
Zahida Ahmed (Liza) Vs. Syed Noor Uddin Ahmed and another, 2009, 38 CLC (HCD)
.... There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 168, 29 BLD (HCD) (2009) 375, 14 MLR (HCD) (2009) 465. ...... that neither respondent No.1 nor the child was there and that he did not know their whereabouts. On 1.1.2009, respondent No.1 informed the petitioner over telephone that he is a Bangladeshi and that according to Bangladesh law the child was his and refused to let her to speak to the child. The peti......lip;………………………………Respondents Judgment March 16, 2009. Result: The Rule is made absolute. Custody of Child The question of welfare will be dealt with by the Family Court which will take i......risdiction, the High Court Division cannot decide the welfare of the child . . . The Family Court while deciding so must take into account the physical condition of the child as well as the law involved for deciding the question of custody. The age of the detenu can not be the sole basis f..Category: Family Law, Women and Children | Date: 16 Mar, 2009 | Hits: 182
Advance Sweater Industry Ltd Vs. Mohiuzzaman Chowdhury and others, 2009, 38 CLC (HCD)
....de absolute without any order as to costs. The impugned judgment and order of the learned Additional District Judge is set aside. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16 ......de absolute without any order as to costs. The impugned judgment and order of the learned Additional District Judge is set aside. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16 ......e Artha Rin Ain, 2003 before the learned District Judge against an order of the Artha Rin Adalat in an execution proceeding by an aggrieved person who is neither the decree holder nor the judgment debtor, the valuation of the subject matter exceeds Tk.5,00,000/-. 2. Opposite party No.2 obtained......: Mohammad Hossain—For the petitioner Md. Tamizuddin—For the opposite party No. 1 Civil Revision No. 4458 of 2006 Judgment S. K. Sinha J.— A nice and subtle law point is involved in this rule which is whether, an appeal is maintainable under Section 41 of t..Category: Civil Law, Procedural Law | Date: 18 Feb, 2009 | Hits: 1
Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....he expiry of their custody as awarded by the Court. 14. Mr. Islam further submitted in general terms that the Children Act, 1974 is a law which was promulgated in order to extricate the matters of justice in respect of children out of the ordinary criminal justice system and only for that reason ......the Judiciary. Let the lower Court records be transmitted at once along with a copy of this judgment. Sheikh Abdul Awal J. - I agree. This Case is also Reported in: 61 DLR (HCD) (2009) 232. ...... Vs. Metropolitan Police Commissioner, 60 DLR 660; State Vs. Md. Roushan Mondal @ Hashem, 59 DLR 72. Lawyers Involved: Ms. Fahima Nasrin, Advocate-In person. Md. Abdus Samad Kamal, Deputy Attorney General, with Ms. Nowazish Ara Begum, Assistant Attorney General-For the respondents. Mah...... UK to take up the cause of the detenu, who had been illegally transferred from the Youth Development Centre to an adult prison upon attaining the age of 18 years and was being detained there without lawful authority. 5. The petitioner pointed out that there have been serious violations of the p..Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189
A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
.... a case of coram non judice of the trial Court or that the facts alleged do not constitute any offence or that the conviction has been based on no legal evidence or otherwise for securing the ends of justice. Hence, this bunch of argument also fails. 40. Mere allegation of violation of provi&sh......surrender their respective bail bond within 2 (two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 264. ......ioner Vs. Bangladesh and others…………………………………………Respondents Md. Taskin Mostofa Chowdhury…………………………&helli......ition No.8333 of 2008, Writ Petition No.2463 & 2461 of 2008, Writ Petition No.5716 of 2008, Writ Petition No.3524 of 2008. Judgment Sheikh Abdul Awal J.-As common question of facts and law are involved in these writ petitions they are heard together and are being disposed of by this c..Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5
AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)
.... a case of coram non judice of the trial Court or that the facts alleged do not constitute any offence or that the conviction has been based on no legal evidence or otherwise for securing the ends of justice. Hence, this bunch of argument also fails. 42. Mere allegation of violation of provisio......rs are directed to surrender their respective bail bond within 2(two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 479. ......………....................Petitioner Vs. Bangladesh and others.........Respondents Judgment February 9, 2009. Result: These Rules are discharged without any order as to costs. Reasons behind amendment of section 138 of the Negotiable Instruments Act The......f the Negotiable Instruments Act The appeal is a continuation of the suit/case and there is no dispute that in the society a class of borrowers or drawers in taking shelter of this principles of law deliberately used to drag the appeal for an indefinite period in order to hang the process of re..Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....barring what is specifically provided for the Rules themselves, the Court is the master of its own procedure and it will exercise both its procedural and substantive discretions only on the ground of justice equity and good conscience." 56. What the petitioner has challenged in this writ p......able Chief Justice of Bangladesh. Thereafter two departmental case, one being No.4 of 2000 dated 16.10.2000 and other being No.3 of 2000 dated 18.10.2000 was initiated against the petitioner and accordingly two charge sheets were served upon the petitioner, asking him to show cause, within 10 d...... ....../2000 dated 20.11.2003, show cause notice (Annexure-N) order of suspension and holding of Departmental Proceeding Case No.3 of 2000 and 4 of 2000 should not be declared to have been made without lawful authority and to be of no legal effect and/or to pass such other or further order or ord..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
Dr. Shipra Chaudhury and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....rity and in an unlawful manner. 38. There is no order as to costs. I Agree Quamrul Islam Siddiqui J. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 183. ......rity and in an unlawful manner. 38. There is no order as to costs. I Agree Quamrul Islam Siddiqui J. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 183. ...... Vs. Government of Bangladesh and others…………Respondents Judgment January 19, 2009. Result: The Rule is made absolute. Cases Referred to- H.M. Ershad Vs. Bangladesh, 2001 BLD (AD) 69; Apparel Export Promotion Council Vs......mad Joynal Abedin, now being detained in the custody of respondent Nos.1 and 2 should not be brought before this Court so that it may satisfy itself that she is not being held in custody without lawful authority or in an unlawful manner. 2. Later, on an application filed by the petitioners..Category: Women and Children | Date: 19 Jan, 2009 | Hits: 10
Tashin Ali (Md.) Vs. Md. Shamsul Hoque and others, 2009, 38 CLC (HCD)
....ent of the Courts below are hereby affirmed. The order of stay passed earlier is hereby vacated. Send down the LC records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 220. ......is predecessor, who obtained the suit property by way of auction in a rent suit and claimed to be co-sharer in the case jote but the pre-emptor has miserably failed to prove the said auction sale accordingly his status to be a co-sharer in the case jote is not been proved. Moreover, the pre-empt......itioner Vs. Md. Shamsul Hoque and others…………………..Opposite Parties Judgment January 15, 2009. Result: The rule is discharged. In a pre-emption case there is no scope to consider the title of either party. In order to determine the title, the party concerned is req...... pre-emptee petitioner purchased the same within the knowledge of all co-sharers including the preemptor, since the pre-emptee is a co-sharer in the case jote, the instant case is not maintainable in law which is liable to be dismissed with costs. 5. By the Judgment and order dated 26-9-1996 the ..Category: Property Law | Date: 15 Jan, 2009 | Hits: 38
.... dismissed the appeal without
consideration of the case of the petitioner at all but on the ground of locus standi etc. on extraneous
consideration which resulted in an error occasioning failure of justice.
20. Mr. TH Khan, learned Senior Advocate
for said opposite parties on the other hand,....... It is his case that he worships the
deity for generations and, as such, he has the right to protect the property of
the deity as next friend.
25. The appeal was out of time by 8007
days. He accordingly, made a verified application under section 5 of the
Limitation Act for condo nation of ......… Petitioner
Vs.
Jahanara Islam Chowdhury and
others………...Opposite Parties
Judgment
December 18, 2008.
Result:
The Rule is made absolute without any order
as to cost.
Case Referred to
Prodip Kumar Chkraborty Vs. Jamila Khatun
Bibi, 51 DLR (AD) 156......ion.
30. Second, learned District Judge found
that the petitioner was a third party and the appeal at his instance was therefore,
held to be not maintainable. Here, he fell in serious error of law, may be, for
misunderstanding of the Hindu Law. The petitioner presented the appeal as a
next ..
Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22
James Finaly Pic. Chittagong Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....rit but discharged the Rule on technical ground which needs interference by this Division for appropriate direction and/or order under Article 104 of the Constitution of Bangladesh for doing complete justice." 5. Mr. Md. Nawab Ali, learned Advocate-on-Record, appearing for the appellant su......the submissions of the learned Advocate for the appellant. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 79. ......ab Ali, Advocate-on-Record—For the Appellant. Habibul Islam Bhuiyan, Senior Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record—For Respondent No.2. Osman Gani, Deputy Attorney-General instructed by Md. Sajjadul Huq, Advocate-on-Record—For Respondent No.1. Ci......ed to the respective port users and the provision of the "applicability of the limitation has not been mentioned in the said circular. It appears that the realized amount is a deposit and in the lawful custody of the Port Authority and, as such, the question of limitation relating to refund und..Category: Civil Law | Date: 17 Dec, 2008 | Hits: 7
Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)
.... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ......he respondent No. 2 upon him within the given time of seven days and later on 9-10-2008 he prayed to the respondent No. 2 for extension of time to submit his wealth statement and the respondent No. 2 accordingly, allowed his prayer vide memo No. দুদক/২২০-২০০৭ (অনুঃ২) ......w……………………………Respondents Judgment December 4, 2008. Result: The Rule is discharged without any order as to cost. The Anti Corruption Commission Act, 2004 (Act No. V of 2004); Section 32 (1) & (2)......th Rule 15 of the Emergency Power Rules, 2007 corresponding to ACC GR Case No. 44 of 2008 now pending in the Special Judge Court No. 6, Sher-e-Bangla Nagar, Dhaka should not be declared to be without lawful authority and is of no legal effect. 2. Facts relevant for disposal of the Rule, in brie..Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149
MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)
.... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ......ime explained the Company’s failure to register the said share transfers assuring nevertheless that he would attend to this personally at a more propitious time. The share transfer forms having accordingly been returned to the Petitioner No. 1, he is stated to have thereafter reminded MAI on s......others………………………..Respondents Judgment December 4, 2008. Result: The Application is disposed of. Cases Referred to- M/s. Howrah Trading Co. Ltd. Vs. Commissioner of Income-Tax, Central Calcutta, AIR 1959 (SC......m MMI by the petitioner No.1. (ii) 14,283 ordinary shares (pre-bonus) 35,707 ordinary shares (post-bonus) inherited from MMI by the petitioner No.1 having succeeded hereto in accordance with the laws of inheritance. (iii) 1,572 ordinary shares (pre-bonus) i.e. 3,930 ordinary shares (post-..Category: Company Law | Date: 4 Dec, 2008 | Hits: 505
Dewan Joynal Abedin Vs. Husen Ahmed Khan and others, 2008, 37 CLC (HCD)
....ed District Judge as no notice has been served upon him and, as a result, the appeal has been dismissed for default by the learned District Judge. In view of the above, it is contended for ends of justice the appeal may be restored to its file and number. 4. After the order of this Court, t......d to its file and number. 4. After the order of this Court, the learned District Judge fixed for hearing of the appeal on 19th December, 2007, but the appellant did not appear on that day and accordingly, the matter was adjourned to 22nd January, 2008. No one appeared on behalf of the appel......……… Petitioner Vs. Husen Ahmed Khan and others……………… Opposite Parties Judgment December 2, 2008. Result: The Rule is discharged without any order as to costs. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XLI, rules 17, ...... maintainable. I find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 139. ..Category: Property Law | Date: 2 Dec, 2008 | Hits: 7
Abul Kashem (Md.) Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ithout any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 249. ......i Cotton Mills Ltd. expired on 23-11-2008. After declaration of the election schedule the petitioners decided to contest for the post of membership of the Managing Committees of the said Mills and accordingly, they filed nomination papers on 25-9-2008. The election committee rejected the nominat......retary, Ministry of Local Government and Co-operatives and others………………Respondents Judgment November 27, 2008. Result: The Rules are discharged without any order as to cost. Interpretation of statute A statute has to be interpreted in its literal meaning ......mmad Abul Kashem, Abu Saleh Chowdhury, Md. Kabirul Islam and Anowarul Islam Khan and others respectively are heard together and disposed of by the same judgment as they involved common question of law. 2. In all these writ petitions, Rule was issued calling upon the respondents to show cau..Category: Others | Date: 27 Nov, 2008 | Hits: 4
Mosammat Kazi Shamsunnahar Vs. Md. Ramjan Molla and others, 2008, 37 CLC (HCD)
....nd as such the Miscellaneous Case No.35 of 1999 was not tenable in law but even then purposely both the courts below violated this aspect of mandatory provision of law that occasioned failure of justice. The aforesaid preemption case according to the learned advocate also was hit by p......999 was not tenable in law but even then purposely both the courts below violated this aspect of mandatory provision of law that occasioned failure of justice. The aforesaid preemption case according to the learned advocate also was hit by principle of estoppels, waiver and acquiescen......p;…………………………Opposite Parties Judgment November 20, 2008. Result: The Rule is discharged. Cases Referred to- Birendra Nath Kar Vs. Abdul Mannan Kazi and others, 10 BLC (AD) 157; Mozibar Rahman Molla a......obtained the present rule. 4. Mr. Kazi Abdul Khaleque, the learned advocate for the petitioner submitted that both the courts below committed gross illegality in violating the clear provision of law that the properties transferred through exchange deed was non pre-emptable under section 96(10) ..Category: Property Law | Date: 20 Nov, 2008 | Hits: 2
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