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Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)
.... Mokbul and Akhtar Kazi were present and except those none was present. Besides, P.W.1, stated in his evidence that Sana Mia was present at the time of talk. But in the plaint the name of Sona Mia is totally absent. 11. In view of the above self-contradictory statements of plaintiff P.W.1 regar...... 11. In view of the above self-contradictory statements of plaintiff P.W.1 regarding time and place of talk of the contract as well as payment of the consideration money of the contract inasmuch as absence of the defendant No.1 in the evidence P.W.1 on the aforesaid occasions give rise to concocti......r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574. ..Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
....m Vs. Mujibul Haq and others in 41 DLR (AD) 68 submits that the jurisdiction of the High Court Division under Article 102 of the Constitution cannot be invoked except on the very limited ground of total absence of jurisdiction i.e. corum-non-judice or malice in law. In the aforesaid decision in ......e question of maintainability of the writ petition, we are sorry to observe that inspite of series of decisions by apex Court of this country the High Court Division rather lent a deaf ear. In the absence of any materials that the impugned order of the Returning officer was corum-non-judice...... stated that before issuance of the rule by this Court on 24.05.2004, the result of the election has been published in the official gazette on 15.05.2004 and as such the High Court Division has no jurisdiction to hear the writ petition on merit as it is the consistent decision of the Supreme Cou..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
....convicting the accused‑ petitioners without any legal evidence. It is further stated that there are also discrepancies in the evidence of P.Ws. rather, the evidence of the prosecution witnesses are totally contradictory with regard to injuries and the same does not tally with the doctor’s ce......r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. ......r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. ..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
Ayub Ali Vs.State, 2005, 34 CLC (HCD)
....le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230. ......le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230. ......he Tribunal on an application for inclusion of the names of the witnesses in the column of the charge-sheet on the prayer of the investigation officer without holding further investigation is without jurisdiction inasmuch as after submission of charge-sheet on completion of the investigation the con..Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3
AK Fazlul Hoque Vs. Secretary, Ministry of Housing and Works and others, 2005, 34 CLC (HCD)
....ed initially, and to submit affidavit of compliance as to service to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725. ......ed initially, and to submit affidavit of compliance as to service to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725. ......ed initially, and to submit affidavit of compliance as to service to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725. ..Category: Employment/Service Law | Date: 8 Mar, 2005 | Hits: 2
Mizanur Rahman (Md.) Vs. Commissioner of Customs and others, 2005, 34 CLC (HCD)
....ed to assess the consignment in question on the basis of the invoice price in accordance with law. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 510. ......ed to assess the consignment in question on the basis of the invoice price in accordance with law. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 510. ......in determining the price by the Assessment Committee. 5. Mr. Golam Mohiuddin, the learned Advocate appearing for the petitioner, firstly, submits that the respondents acted illegally and without jurisdiction in imposing a penalty of Tk.3, 90,000 for non‑obtaining the CRF Certificate pursuant ..Category: Fiscal/Taxation Law | Date: 6 Mar, 2005 | Hits: 1
Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)
....e quite distinguishable from the facts of the reported cases. 12. The facts of the case reported in 46 DLR 226 are that plaintiffs filed suit seeking partition of land of plot No.811 total area more or less 50 decimals. Plaintiffs claimed 25 decimals by purchase in 1979 as we....... 21. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to cost. Ed. ...... 7. The defendant No.52, being unsuccessful to have an order from the Court of 1st instance for making construction, moved the High Court Division in revisional jurisdiction as against the order dated 9-11-1999. The High Court Division upon hearing the parties..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
....come to the conclusion that the suit
land was legally declared or enlisted as enemy property and subsequently vested
in the government. It is on record being Ext. Uma Uma(1) that 9.47 acres out of
total suit land measuring 20.18 acres was never enlisted as vested property and
also was never leas......d being Ext. Uma Uma(1) that 9.47 acres out of
total suit land measuring 20.18 acres was never enlisted as vested property and
also was never leased out to any one else. There is therefore complete absence
of evidence indicating that the S.A. recorded owners of the suit land left
for India i...... both the
aforesaid rules. Both the rules are therefore discharged without any order as
to costs.
Send down the L.C.R.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 75.
..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
M/s. Shanker Kumar Das Vs. Government of Bangladesh and 6 others, 2005, 34 CLC (HCD)
....36 Feeder Sarak Nirman (ADP-31) in which petitioner's work falls therein as Serial No.26 under Gopalganj Division in the financial year 2002-2003, that the Roads and Highway Division, Dhaka, allotted total Tk. 6,00,00,000/- (six crores) for the total 36 sub-projects and the petitioner's project No.2......e date of receipt of the copy of this judgment. 17. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 185. ......e date of receipt of the copy of this judgment. 17. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 185. ..Category: Civil Law | Date: 23 Feb, 2005 | Hits: 31
....ents to be built therein, out of the four subscribers of the company the respondent No.1, the appellant No. 2, the appellant No.3 and Abul Bashar respectively subscribed 625,2500,1000 and 875 shares, total being 5000 fully paid shares. Abul Bashar, later on, having transferred his 875 shares to the ......eby the appellant No.3 became the Chairman of the company and appellant No.2 became its Managing Director and the appellant No.3 was also authorised to operate the bank accounts of the company in the absence of the appellant No.2; besides in the meeting of the Board of Directors of the company held ......er of shares by a member to his heirs and/or induction or ouster of a director itself is not an act prejudicial to the interest of the company. The learned Counsel next submits that though in English jurisdiction the House of Lords in the case of Scottish Cooperative Wholesale Society Ltd. Vs. Meyer..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ......t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ......t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
....d by the plaintiff‑opposite party No.1 : in favour of the defendant petitioner and defendant‑opposite party No.2 on 19‑3‑1981 and the rent was fixed at Taka 200 each i.e. equal to Taka 400 in total. Thereafter though the two shop rooms were converted into one room giving some portion of the ......of them, but the consideration must be a legal one recognised by the concerned law on the subject. 12. Section 106 of the Transfer of Property Act provides that the duration, of certain leases in absence of written contract or local usage, i.e., the lease of immovable property for agricultural o...... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... his favour.” The Appellate Division also found as follows: "In the background of the provision of law the suit filed by the respondents and decreed by the Courts below was being totally non-entertainable by the civil Court, the High Court Division was required to exercise its d......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ......r are acquired by Government. Schedule 1. Full of cadastral survey plot Nos.108, 109, 110, 177 and part of cadastral survey plot Nos.100, 105, 107, 172, 173 and 174 of mouza Begunbari, jurisdiction list No.279, Police Station Tejgaon, District-Dacca. Area, more or less, 10.59 acres&qu..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
....ed a bleeding injury. He stated in his evidence that the accused persons also chased him and entered into his house and ransacked the same and had taken away some ornaments which valued Taka 3,500 in total. He further stated in‑his deposition that having been alarmed by the hue and cry raised by t......lants No.1 Monohar Joarder, dealt a fala blow on the thigh of the victim Asmat Ali causing severe bleeding injury and resulting in the death of the victim 6 days after the occurrence. 50. In the absence of any conspiracy, pre-plan or premeditation on the part of the accused-appealants inflictin......LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Barkatullah Khan (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. ......cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. ......cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. ..Category: Employment/Service Law | Date: 15 Jan, 2005 | Hits: 2
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
...., Dhaka and in the said suit plaintiffs got them added as the defendant Nos. 116‑119 and the same has been decreed in preliminary form and the final decree is awaiting. 4. It may be mentioned total land of CS Plot No. 151 corresponding to SA plot Nos.533 and 535 is 3.13 acres and out of tha......the discussions made herein above 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: 57 DLR (AD) (2005) 55. ......s filed the suit seeking a decree for permanent injunction. On the aforesaid findings the appellate Court dismissed the appeal. Thereupon the plaintiffs moved the High Court Division in revisional jurisdiction and obtained the Rule. 7. The High Court Division made the Rule absolute on the fin..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
.... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ......igh Court Division is not competent to interfere with the finding of facts arrived at by the lower appellate Court which is based on appreciation of evidence, however wrong the same may appear in the absence of error of law or procedure affecting merit of the case. Hence I do not like to disturb the...... Rules or procedures are made to subserve the ends of justice and not to defeat them Mere omission to sign and seal exhibits or deposition sheets does not affect the merit of the case nor the jurisdiction of the Court and such omissions are mere defects or irregularities in the procedure and..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
....the instant case, as already stated above, the application under section 5 of the Limitation Act does not bear a cogent and satisfactory explanation. The explanation offered by the petitioner appears totally vague, obscure and indefinite which is a testimony of clear negligence and laches on his par......e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ......e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
.... of 1992 of Borguna) against the first party petitioners and others for establishment of title, confirmation of possession and also for partition of their share to the extent of 6.80 acres out of the total 22‑50 acres of land. It is admitted that the 2nd party plaintiffs had homestead within the s......ssession of the parties which is not at all permissible in law. He submits that in a proceeding under section 145 of the Code, the Magistrate is required to determine possession of the parties in the absence of decision of the civil Court and, if necessary, keep the disputed property under attachmen......y their Lordships Mr. Justice SK Sinha and Mr. Justice Shahidul Islam vide order dated 5‑12‑2004 vacating the stay order, but on 12‑12‑2004 the unsigned order was recalled as the Court had no jurisdiction to deal with the matter at the relevant time Thereafter, the learned honorable Chief Ju..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
....imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ......imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ......imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
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