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Advocate Abu Zafor Siddique (Md.) Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....ed letter vide Memo No.1038‑R/6/7N-73/2003 dated 17‑12‑2003 issued by the Deputy Secretary (Competent Authority), Ministry of Law, Justice and Parliamentary Affairs. 2. Briefly stated, the facts are that the petitioner was enrolled as an Advocate by the Bangladesh Bar Council on 6‑10‑......: Md. Awlad Ali J Md. Emdadul Huq J Advocate Abu Zafor Siddique (Md.)…………………………Petitioner Vs. Bangladesh and others……………………………&h......date of receipt of this Judgment to be effective from 9‑12-2003. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 602. ..Category: Constitutional Law | Date: 2 Apr, 2005 | Hits: 4
Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)
....hat is from the date when knowing about the award made by the Deputy Commissioner the opposite party Nos. 1 and 2 filed application for getting awarded money', that in the background of the aforesaid facts the application filed before the Arbitrators was barred by limitation, that the opposite parti...... Ed. ......on case was not maintainable. 6. The arbitrator filed dismissed the case holding that the compensation assessed is valid, that the petitioners have not proved either by oral or by documentary evidence that value of per decimal of land is Tk. 40, or that the value of the awarded land is Tk. 1..Category: Property Law | Date: 28 Mar, 2005 | Hits: 64
State Vs. Md. Nasim and others, 2005, 34 CLC (AD)
....te at per with that quoted by the first lowest tenderer and accordingly, the price of passport was fixed at 1.49 US Dollar, bargaining the same. 15. We have given our anxious consideration to the facts and circumstances of the case. From the first information report or charge-sheet it does not a....... Ed. ......he impugned judgment and order quashing the proceeding. 17. In view of the discussion made above we do not find any merits in the petitions. The petitions are, therefore, dismissed. Ed. ..Category: Anti-Corruption Laws | Date: 27 Mar, 2005 | Hits: 95
Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)
.... a mere agreement for sale and cannot get restoration of possession in any case, which the High Court Division failed to consider. He also submits that the High Court Division erred in law and in the facts, circumstances and evidence of the case that the suit property was not an abandoned property.&......; Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Bangladesh represented by the Secretary, Ministry of Works........Appellant Vs. Mojibur Rahman and others ..................Respondents Judgment March 27, 2005. ......a sale deed the plaintiff did not acquire title to the property. Syed Mahabubur Rahman was the Assistant Engineer in the Water Development Board but since 1972 he has not joined his post. There is no evidence that Syed Mahabubur Rahaman did not live in Bangladesh after the liberation, so the propert..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)
....he appellant-election petitioner Saber Hossain Chowdhury arises out of a decision of the High Court Division being order dated 30.4.2002 passed in Election Petition No. 6 of 2001. 2. The facts, in short, are that the appellant contested the election to the post of Member of Parliament f......sent: Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Saber Hossain Chowdhury.....................Appellant Vs. Bangladesh Election Commission and others.............Respondents Judgment March 22, 2005. ......ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ..Category: Election Law | Date: 22 Mar, 2005 | Hits: 123
....কোর্টের বিচারপতির এলএলবি সনদ জাল!” We do not find from the entire report any basis of such a conclusion and such a Banner Headline. The facts referred to in the report at best speak of tampering with the tabulation sheet or mark sheet. ......others...........Respondents
Judgment
March 21, 2005.
Result:
The application is disposed of.
Cases Referred to-
Case No.6506 of 2000, State Vs. Chief Editor Manabjamin and others; State Vs. Brahma Prakash, AIR 1950 All 556 (FB); AIR 1952 (SC) 152; AIR 1953 SC 195; 45 ...... statute that is, by having statutory power to fine and imprison, are Courts of Record at Common Law. The proceedings of a Court of Record preserved in its archives are called records, and conclusive evidence of that which is recorded therein."
The Corpus Juris (Vol. 15, page 720) refers t..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Ali Hossen @ Ali & another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....ved in paragraph 10 to the effect that: "The presence of an alternative remedy does not debar the exercise of jurisdiction by the High Court Division under Article 102 of the Constitution when the facts and circumstances of a particular case are such that the accused person had no reasonable oppo...... High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Md. Emdadul Huq J Ali Hossen @ Ali & another……………………Petitioner Vs. Bangladesh and others………………………….Respondent Judgment March 20, 2005. Result: The......imine without adverting to the appellant's contention on the lack of jurisdiction of the Special Tribunal. We have gone through the schedule of the Special Powers Act and we find that in the state of evidence on record the materials recovered from the appellant do not attract the mischief of the Arm..Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71
Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....ased to dismiss the appeal by order dated 16‑7‑2003 upholding the order of Appellant Authority and confirming the order of assessment of the Deputy Commissioner of Taxes. 8. In the aforesaid facts, the assessee applicant has formulated the following questions of law which arise from the imp......e is also Reported in: 57 DLR (2005) 756. ...... circumstances of the case, the learned (Sic) Deputy commissioner of Taxes, Taxes Circle‑18, Chittagong, Zone‑3 was justified to disbelieve (Sic) the delivery Chalans with Truck Fares without any evidence on record collected from those customers upon whom the learned (Sic) Deputy Commissioner of..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)
....tiff although the defendant No.1 has examined 2 witnesses in this case who have deliberately denied the fact of the alleged contract for sale of the suit land. 18. From the close scrutiny of the facts, circumstances and evidence as above it appears that the plaintiff has hopelessly failed to pr...... High Court Division (Civil Revisional Jurisdiction) Present: Afzal Hossain Ahmed J Abdul Latif Hawlader..................................Petitioner Vs. Sultan Miah and others...............................Opposite Parties Judgment March 15, 2005. Re......and, as such, the suit is liable to be dismissed with cost. 4. Three witnesses for the plaintiff and 2 witnesses for the defendant No.1 were examined in the case. The trial Court considering the evidence adduced by the parties decreed the suit in favour of the plaintiff against which the defend..Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
.... Commissioner Jhalakathi filed Civil Appeal No. 230 of 2004 arising out of the same judgment and order and as such both the appeals are disposed of by this single judgment. 3. The facts, in short, are that the respondent No.1 filed a writ petition against the election result dat......howdhury J Abdul Halim Gazi ..........Appellant (In Civil Appeal No. 229 of 2004) Government of Bangladesh through the Secretary, Ministry of Local Government, Engineering and Rural Development, Bangladesh Secretariat, Ramna, Dhaka and Others.....Appellants (In Civil App......his affidavit-in-opposition and the matter is said to be pending in the Court of law. Whether at this stage he may be declared as bank loan defaulter is a question to be decided after recording the evidence of parties. In any view of the matter, in view of the contentious submissions of the ..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
....nd of cross-examination, is that, the accused committed no offence and they are innocent and they prayed for trial. 7. The learned Additional District Magistrate, Sirajgonj, considering the facts and circumstances of the case and evidence on record, passed the judgment and ord......(2005) 779. ......e case was handed over to Khandaker Mosharraf Hossain for investigation, who, after getting the case, visited the place of occurrence and prepared sketch map thereof with separate index, recorded the evidence of the witnesses under section 161 of the Code of Criminal Procedure and seized one iron fa..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. ...... State..............................................Opposite Party Judgment March 12, 2005. Result: The Rule is discharged. Cases Referred to- Deepak Dwarkadas Patel and another Vs. State of Gujarat, 1980 CriLJ 29; Hemayet Uddin Awronga Vs. State, 46 DLR (AD) 186. ......ion having been made out during investigation police submitted charge-sheet under sections 120B/302/34 of the Penal Code against 30 accused persons including the accused petitioner, as such, the evidence of two eye‑witnesses namely, Kamrul Hassan Lyton and Md. Hafizur Rahman Habib are essenti..Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3
Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)
....t been challenged and the quotations made in the judgment tally with those in the said reports and there is no denial as to the contents made therein. After taking into consideration of the aforesaid facts and circumstances we find substance in the submission of the learned Advocate for the responde...... (Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Star Jute Mills Ltd. ……………………………Petitioner Vs. Chairman Labour Court, Khulna and others.......Respondents Judgment March 12, 2005. The Employment of Labour (Standing Or......ntary affidavit, which were neither exhibited in the Labour Court nor filed in the Labour Court nor these were found in the Labour Court records of the cases and, as such, do not constitute any legal evidence and these Annexure- X and X -1 ought to have been kept out of consideration and the High Co..Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110
Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)
....ion of the People's Republic of Bangladesh, 1972, Article 111 Application of a judicial precedent in deciding a case- Decision in a particular case made in the background of the facts and circumstances of that case as well as upon placing the circumstances of that particular c......Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzal Islam J Hazi Md Hossain @ Md Aowlad Hossain and others.....................Appellants Vs. Obaidul Haque and others... .................. 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. ..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
....y adopted by the
widow of Debendra Nath Basak and thus Rathindra Nath Basak had no legal right
to transfer the suit land to the plaintiffs of the earlier suit. Mr. Chowdhury
submits that all these facts were not disclosed in the plaint of the earlier
suit and thus the earlier suit was barred und......: 26 BLD (HCD)
(2007) 75.
......audulent decree and this defendant was not impleaded in the said
suit and accordingly prayed for dismissal of the suit.
5. The trial court framed necessary issues
and on consideration of the evidence on record came to the finding that the
defendants and to prove their case that Rathindra..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
....annot be sustained, specially when it was never the case of the respondent No. 1 that he proposed to sell his shares but the Board of the Directors of the company refused his proposal and further the facts of the case of Nahar Shipping Lines Ltd vs. Mrs. Homera Ahmed, reported in 9 MLR (AD) 58 = 56 ......ase is also Reported in: V ADC (2008) 271.
......n the dark about the affairs of the company by the respondents; no Annual General Meeting of the Company has been held since 1985; financial bungling committed by the respondent Nos. 2-5 have been evidenced by the demands for repayment by financial institutions; the respondents have treated the c..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)
....retary, Ministry of Establishment preferred this appeal against the judgment and order passed by the Administrative Appellate Tribunal dated 09.11.2000 in Appeal No. 66 of 1998. 2. The facts, in short, are that the respondent Md. Abu Bakar joined Government service as Circle Officer......; A. B. M. Nurul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate -on-Record- For the Respondent. Civil Appeal No. 79 of 2003. (From the judgement and order dated 9-11-2000 passed by the Administartive Appellate Tribunal in Appeal No. 66 of 1998).......malities in the proceeding. Being aggrieved by the said judgment and order Appeal No. 66 of 1998 was preferred before the Administrative Appellate Tribunal which was allowed on consideration of the evidence and the deposition of the witnesses. Hence is this appeal. 5. Mr. A. J. Moha..Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....iff is fully aware of the transaction between the defendant Nos.1 and 4, before his purchase. The learned Courts below have rightly held that the plaintiff was not entitled to any relief in the given facts and circumstances of the suit. 16. Mr. Nurul Mostafa, the learned Advocate, has, on the o......h Court Division (Civil Revisional Jurisdiction) Present: Abdus Salam Mamun J Siraj Miah....................................Plaintiff-Petitioner Vs. Mohammad Miah and others.............Opposite Parties Judgment February 7, 2005. Result: The......h potch; (v) Whether the plaintiff was entitled to get any decree as he prayed for; (vi) Whether plaintiff was entitled to get any other relief. 5. The learned trial Court after taking evidence was pleased to dismiss the suit holding that the Suit was not maintainable in its form and ..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)
....Fazlul Karim, the learned Counsel appearing for the petitioner submitted that the learned Single Judge erred in law in setting aside the judgment of the Court of appeal below in respect of finding of facts as to possession of the tank as well as to non-service of summons on the petitioner in the pre.........Respondents Judgment February 1, 2005. The State Acquisition & Tenancy Act, 1950(XXVIII of 1951), Section 20 The suit land is being admittedly a tank and, as such, non-retainable land of the Zamindars the plaintiff of ......ers relating to the settlement of Tazammel Huq, predecessor-in-interest of the defendants petitioners were forged or not." 8. No issue was suggested or framed and no pleading or evidence was advanced on behalf of the defendant that the suit land being a tank is not retainable&n..Category: Property Law | Date: 1 Feb, 2005 | Hits: 118
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
.... 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. ......5. ......rent, in advance. Such agreement for lease was void under section 23 of the Contract Act as its object was not lawful and that it having not been registered was unenforceable and also inadmissible in evidence. 11. The referred decision is sought to innovate a type of lease in which the tenant wi..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
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