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Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
....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 ......J Md Abdur Rouf J Bimalendu Bikash Roy Choudhury J Islam Steel Mills Ltd……………………………………………….. Plaintiff-Petitioner Vs. Nirman International Ltd. and others ………………….Defendant-Respondents Judgment May 25, 1997. Result: T......Sharifuddin Chaklader, Advocate-on-Record— For Respondent No. 4. Not Represented—Respondent Nos. 1-3, 5-10. Civil Petition for Leave to Appeal No. 392 of 1997 (From the judgment and order dated February 5, 1997 passed by the High Court Division, Dhaka in FMA No. 15 of 1996). Ju..Category: Procedural Law | Date: | Hits: 134
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....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. ......: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J Bimalundu Bikash Roy Choudhury J Bangladesh Bar Council................ Appellant Vs. Khawja Abdul Gani and another ………….Respondent Judgment November 20, 1997. Result: The appeal is d...... AR Yusuf, Senior Advocate, instructed by M Nawab Ali, Advocate-on-Record—For the Respondent No.1. Not represented—Respondent No. 2. Civil Appeal No. 6 of 1996 (From the judgment and order dated 27-11-94 passed by the High Court Division in Appeal from Original Order No. 80 of 1994)..Category: Others | Date: | Hits: 105
Mansur Ali Sikder Vs. Kanailal Banaajee & others, 1997, 26 CLC (AD)
....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......ndant No. 3 in Title Suit No. 150 of 1988 pending in the Third Court of Subordinate Judge, Barisal. The suit was brought by the respondent for specific performance of a contract for sale of certain land with a tin-structure measuring 6x18 cubits thereon, described in schedule ‘Ka’ to the plaint......ol authority as a witness with a prayer for issuance of summons to it. Another prayer was also made for local inspection. Both the prayers were heard together and the learned Subordinate Judge, by an order dated 28 October 1996, rejected the same. Being aggrieved defendant No. 3 moved the High Court..Category: Property Law | Date: | Hits: 82
Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)
....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 ......ate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Moslemuddin (Md) and others…………………………..………………Appellants Vs. Md. Jonab Ali and......arcel of land measuring .49 acre owned by defendant No. 1. Jonab Ali who has his homestead thereon. The plaintiffs claim that defendant No. 1 who needed money for purchase of land at mouza Bangola in order to shift his homestead there from proposed to sell the same to them in the first part of the m..Category: Property Law | Date: | Hits: 88
Al-Haj Abul Basher Vs. Bangladesh and others, 1997, 49 CLC (AD)
....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......Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ......tructed by Mvi. Md Wahidullah, Advocate-on-Record- For the Petitioners. Not Represented—the Respondents. Civil Petition for Leave to Appeal No. 129 of 1997. (From the judgment and order passed by the High Court Division in Writ Petition No. 84 of 1992). Judgment Latif..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. ......J Bimalendu Bikash Roy Choudhury J Azizur Rahman alias Md. Azizur Rahman……….………… Appellant Vs. Government of Bangladesh represented by the Secretary, Ministry of Housing and Public Works and others……………….Respondents AM Agha Yousuf and another…………......rs of jurisdiction that the High Court Division enjoys, provided the matter is urgent. It is the urgency of the matter which gives jurisdiction to the Single Vacation Judge, who, if satisfied that an order of a regular Division Bench passed before the vacation has to be kept in abeyance during the p..Category: Procedural Law | Date: | Hits: 138
Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)
....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...... ......ies so as to be entitled to retain their possession against their co-sharers till the legal partition by way of permanent injunction and hence the High Court Division was correct in setting aside the order of injunction passed by the Court below. Case Referred to- Moharram Ali vs. Mohammad ..Category: Property Law | Date: | Hits: 83
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....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 ......ifur 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 …………………...Respondents Judgment January 23, 1997. Result: Th......Judgment January 23, 1997. Result: The appeal is dismissed. Dismissal From Service Only the appointing authority is authorised in terms of rule 4(6) of the Rules of 1985 to pass the order of dismissal. The Director General could take all steps under the rules but to pass an order o..Category: Employment/Service Law | Date: | Hits: 145
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
....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......sp; Giasuddin (Md)..................................................... Appellant Vs. MV Forum Power and ors........... ....................... Respondents Judgment July 19, 2000. ......nt. Mvi. Md Wahidullah, Advocate-on-Record—For Respondent No. 4. Ex-parte—Respondent Nos. 1-3, 5-9. Civil Appeal No.13 of 1999. (From the judgment and order dated 3-8-1999 passed by the High Court Division in Admiralty Suit No.48 of 1996). ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)
....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......ly 9, 2000. The Union Parishad (Election) Rules, 1983, Rule 45 The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), Sections 26 and 29 (i) In the instant case new facts having not been introduced and by ame...... 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 petitions &h..Category: Election Law | Date: | Hits: 109
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....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.......Court Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abdul Jalil and others.................................Petitioners Vs. Islamic Bank Bangladesh Ltd. and ......tructed by AKM Shahidul Huq Advoqate-on-Record - For Respondent No. 1. Not Represented — Respondent Nos. 2-12. Civil Petition for Leave to Appeal No. 125 of 2000. (From the Judgment and order dated 18th November, 1999 passed by the High Court Division in Civil Revision No. 2757 of 1999..Category: Property Law | Date: | Hits: 101
Shahid Miah Vs. State, 2000, 30 CLC (AD)
....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...... 14, 2000. Result: The petition is dismissed. The Code of Criminal 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......dvocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioners. Not resented—The Respondents. Criminal Petition for Leave to Appeal No. 208 of 1999. (From the judgment and order dated 7-7-1999 passed by the High Court Division in Criminal Misc Case No. 4023 0f 1999). ..Category: Criminal Law | Date: | Hits: 109
Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
....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......R (AD) (2001) 9. ......he Petitioners. Md. Nazrul Islam, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No. 914 of 1998. (From the Judgment and order dated 15-6-1998 passed by the High Court Division in Civil Revision No. 2038 of 1994). Jud..Category: Business or Commercial Law | Date: | Hits: 148
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....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......Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Shah Sufi Taj Islam........................................Petitioner Vs. Begum Rokeya Chowdhury and anr...........................Respondents Judgment May 18, 2000. Result: The petit......e Petitioner Md. Nawab Ali, Advocate-on-Record— For Respondent No. 1. Not represented— Respondent No. 2. Civil Petition for Leave to Appeal No. 70 of 1998. (From the Judgment and order dated 2-3-1997 passed by the High Court Division in Civil Revision No. 1469 of 1992). Jud..Category: Civil Law | Date: | Hits: 162
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
.... 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...... Islam alias Ratan.......................Appellant Vs. State............................ ........................Respondent Judgment August 14, 2000. Result: Criminal Appeal Nos. 26 and 27 of 1996 are allowed & Criminal Appeal No. 6 of 1998 is dismissed. The Evidence Act, 18...... 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 before the ..Category: Criminal Law | Date: | Hits: 108
Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)
.... 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......instructed by Ahsanullah Patwary, Advocate-on-Record- For the Respondent No. 7. Ex- parte- Respondent Nos. 1-6 & 8-10. Civil Appeal No. 10 of 1998 (From the Judgment and Decree dated 07.05.1997 passed by the High Court Division in 2nd Appeal No. 143 of 1969) ......ocument of they year 1935 should be disbelieved. The respondents submitted certified copy of this registered kabala of the year 1935 Ext. A by a separate paper book. They also filed photo copy of the order dated 13.08.1960 passed by Assistant Settlement Officer, Sylhet in objection Case No. 629 unde..Category: Property Law | Date: | Hits: 76
Mostafa alias Mosto Vs. State, 2006, 35 CLC (AD)
....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......r Advocate, instructed by Azra Ali, Advocate-on-Record- For the Petitioner. Not represented- Respondent. Criminal Petition for Leave to Appeal No. 128 of 2001. (From the Judgment and Order dated 16.01.2001 passed by a division Bench of the High Court Division in Criminal Appeal ......nbsp; Syed J. R. Mudassir Husain J: This Criminal-petition for leave to appeal is directed against the judgment and order dated 16.01.2001 passed by a Division Bench of the High Court Division in Criminal Appeal No. ..Category: Criminal Law | Date: | Hits: 94
State Vs. Nurul Islam, 2006, 35 CLC (AD)
.... 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......eneral instructed by Md. Ahsan Ullah Patwary Advocate-on-Record- For the Petitioner Not Represented- Respondent Criminal Petition For Leave to Appeal No. 15 of 2001. (From the Judgment and Order dated 20-1-2000 passed by the High Court Division in Criminal Appeal No. 680 of 1994) ...... Syed J. R. Mudassir Husain J. - The State, the leave petitioner is seeking leave to appeal against the judgment and order dated 20-1-2000 passed by a Division Bench of the High Court Division in Criminal Appeal No. 6..Category: Criminal Law | Date: | Hits: 106
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....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. ......l Karim J Syed J. R. Mudassir Husain J Syed S.M. Hasan.............Appellant Vs. Bangladesh represented by the Secretary, Ministry of Finance, Banking Division and another.......Respondents Judgment December 18, 2002. Cases Re...... the list of their legitimate expectation to be promoted in due course. 36. The list should be shorter one considering the vacant available posts. The authority would, however, order for impaneling the officers keeping in mind the proportion to the posts lying vacant..Category: Administrative Law | Date: | Hits: 130
Mahmuda Khatun and others Vs. Abul Younus Talukder, 2006, 35 CLC (AD)
....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......d with costs. Ed. ......bsp; Muhammad Abdur Rouf J.- This appeal by leave has been preferred by 3 (three) substituted heirs of the plaintiff late Dr. Md. Ismail Khan from the judgment and order of a learned Single Judge of the High Court Division dated 12-8-91 passed in Civil Revision No..Category: Procedural Law | Date: | Hits: 83
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