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Abul Hossain and Brothers Vs. Rupali Bank Limited, 2006, 35 CLC (AD)
....e leave-petition. In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ...... instructed by Md. Wahidullah, Advocate-on-Record-For the Petitioners. Ahsanullah Patwary, Advocate-on-Record- For Respondent No. 1. Not represented-Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 1073 of 2005. (From the Judgement and order dated 13.04.2005 passed by th......e leave-petition. In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ...... 4. The trial Court upon hearing the parties dismissed the suit by judgment and decree dated 17-08-2004 and against which, the petitioner took an appeal before the High Court Division. The learned Judges of the High Court Division allowed the appeal in part. Hence, this leave-petition. 6..Category: Banking Law | Date: | Hits: 85
Paritosh Rudra Vs. State, 2007, 36 CLC (AD)
....s no substance in this petition for leave to appeal and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 702. ...... Abdul Baset Mazumder, Senior Advocate, with J. B. M. Hassan instructed by A.S.M. Khalequzzaman, Advocate-on-Record-For the Petitioner. Not represented-Respondent. Criminal Petition for Leave to Appeal No. 307 of 2004. with Jail Petition No. 02 of 2005. (Fro......s no substance in this petition for leave to appeal and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 702. ......erence confirming the sentence so awarded by the learned Sessions Judge. 9. Mr. Abdul Baset Mazumder, the learned Senior Advocate appearing for the petitioner, submits that the learned Judges of the High Court Division misconceived the law as well as facts of the case and thus withou..Category: Criminal Law | Date: | Hits: 43
Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
....re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ......High Court Division admitting the appeal being F. M. A. No. 66 of 2005 and staying operation of the order dated 17.02.2005 passed by Artha Rin Adalat No.4, Dhaka. 2.The facts, in short, necessary for the disposal of the appeal are that the respondent No. 1 borrowed Tk.50,000,00/- from respondent......re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ......r application for C. copy filed on this day. 4. 07.03.2005 Certified copy delivered. 5. 19.03.2005 F. M. A. T. filed. 6. 23.03.2005 F. M. A. T. deposited in the daily list and the learned Judges of the Division Bench passed an order. 7. 27.03.2005 Deposited 50% of the decretal amount..Category: Civil Law | Date: | Hits: 132
Abul Kalam Azad and others Vs. Mohammad Iqbal Hossain & Ors, 2004, 33 CLC (AD)
....tition No.84 of 2002). Judgment Mohammad Fazlul Karim J.- Upon an application for drawing up contempt of Court, a Contempt Petition No.84 of 2002 arising out of Writ Petition No. 1010 of 2002 ...... in Contempt Petition No.84 of 2002). Judgment Mohammad Fazlul Karim J.- Upon an application for drawing up contempt of Court, a Contempt Petition No.84 of 2002 arising out of Writ Petition No......lt of the appellants for contempt of Court. 7. Accordingly/ this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 205. ......lt of the appellants for contempt of Court. 7. Accordingly/ this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 205. ..Category: Criminal Law | Date: | Hits: 47
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....e but as one of a class and as the Arbitrator is not a Court at all within the meaning the Code of Civil Procedure there can be no question of his being subordinate to High Court Division. Hence no contempt proceedings can be drawn against the opposite parties. In that case it was further held th...... assessment was prepared on 16.10.1991. The petitioner received the award on protest. The petitioner being dissatisfied with the quantum on award filed Arbitration Revision Case No. 1836 of 1990 before the learned Subordinate Judge (now Joint District Judge) and Arbitrator, Dhaka who by his judg......cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ......cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ..Category: Property Law | Date: | Hits: 27
Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)
.... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ...... analogously as a common question of law is involved in them. The question involved in these appeals is covered by the decision given by this Court in C. A. No. 56 of 1977. 2. Facts material for the disposal of these appeals are that Criminal Appeal No. 4 arises out of GR case No. 523(2)/7...... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ......of withdrawal. A Bench of the High Court heard both the revisional cases, after hearing the parties were pleased to set aside the order of withdrawal. 5. The Principal reasons of the learned Judges for setting aside the orders of withdrawal, are that the Magistrate has not given any reaso..Category: Criminal Law | Date: | Hits: 45
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ...... by the erstwhile High Court of East Pakistan in First Appeal No. 41 of 1960) Judgment Mahmud Husain CJ.- This appeal by special leave by the plaintiffs arise of out a suit instituted for recovery of a sum of taka 1,08,127.00 as compensation for the loss, caused to them by Irrigatio......t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ......ed to get back the premium of Taka 24,000.00 in cash. As against that decree there was an appeal before the High Court and the appellants filed cross-objection valued at Rs. 84,127/13. The learned Judges of the High Court dismissed the appeal and further dismissed the cross-objection filed ..Category: Civil Law | Date: | Hits: 89
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ......sh;For the Respondents. M. H. Khandker, Senior Advocate with A. T. Kamrul Islam, Advocate— For the Petitioner. Not Represented— The Respondents. Civil Petitions for Special Leave to Appeal No. 171 and 305 of 1977. (From the judgment and order dated J......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ......y be just. If the laws which this court administers does, therefore, amount to what is known as harsh or unjust legislation the court will still have to administer it. As to what is the duty of the Judges in administering harsh or even an unjust law, I would like to refer to a passage in the boo..Category: Constitutional Law | Date: | Hits: 307
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ......II Gazetted Officers (Customs Excise and VAT) Appointment and Service Terms and Conditions Act, 2000 (XX of 2000), section 8 Provision invoking Article 136 of the Constitution has been made for creation, amalgamation and unification if any such posts but has only provided certain provisio......le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ......nd inter-changeable. 3. Leave was granted to consider: "Mr. A Razaque Khan, the learned Additional Attorney-General, appearing for the petitioner, submits that the learned Judges of the High Court Division erroneously and illegally held that section 8 of the impugned Ac..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......inion of the Chief Justice on the ground that it is privileged and of possible injury to public interest, the High Court Division is to- (a) ascertain whether the papers are necessary for proper adjudication of the issues involved in the writ petition; (b) if it decides in t......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......ary, Ministry of Law, Justice and Parliamentary Affairs to produce the relevant papers containing the opinion of the learned Chief Justice of Bangladesh about the appointment of concerned six Judges through the Attorney-General at the time of hearing and further directing that all other Rul..Category: Constitutional Law | Date: | Hits: 124
A. B. M. Shamsuddin Vs. Mahmuda Selina and others, 2006, 35 CLC (AD)
....ngs and decisions as arrived at by the High Court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ...... Lawyers Involved: Fariduddin Md. Reza, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 916 of 2004 (From the judgment and order dated 02-05-2004 passed by......ngs and decisions as arrived at by the High Court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ......missed. Hence is this leave-petition. 5. In support of the leave-petition, Mr. Fariduddin Md. Reza, the learned Advocate, appearing for the petitioner, argued that learned Judges of the High Court Division having failed to consider the materials which resulted in an err..Category: Property Law | Date: | Hits: 41
Ashraf and others Vs. Md. Zahangir Alam & others , 2008, 37 CLC (AD)
....ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ....... Negotiation of sale price by Court: The Government having the right under clause 9 of the Tender Notice to accept or reject the bid in part, accepted the writ petitioner’s bid for five out of fourteen items and the writ petitioner having paid the price of the five items is ......ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ......f them without any objection, was estopped from filing the writ petition in question and the Rule issued therein was therefore liable to be discharged summarily. It is also argued that the learned Judges of the writ court acted in excess of their jurisdiction in negotiating the price and directi..Category: Others | Date: | Hits: 88
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......een heard together and are being disposed of under this judgment. 2. Criminal Appeal No. 5 of 2008 has arisen out of leave granting order dated 31-1-2008 passed by this Court in criminal petition for leave to appeal No. 46 of 2008 challenging the order dated 13-12-2007 passed by the High Court D......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......hree years "in Tar-Peper barracks fenced by barbed wire and guarded by armed soldiers" for "military necessity". Suspension of Constitutional rights had to be sanctioned by the Court during war time. Judges probably remembered the Roman statesman, Cicero who said, "Silent leges inter arma" (laws a..Category: Anti-Corruption Laws | Date: | Hits: 219
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....ubject to any reasonable restrictions imposed by law in the interests of the security of the State, friendly relations with foreign states, public order, decency or morality, or in relations to contempt of court defamation or incitement to an offence- (a) the right ...... December 2, 2007. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Suo moto rule In the absence of any proceeding pending in any subordinate Court or before the High Court Division, it cannot issue suo moto rule under section 561A of the Code of Crim......gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......others appeared in the said Criminal Miscellaneous Case through their respective learned Advocates and filed affidavit in reply to the suo moto notice issued by the High Court Division. The learned Judges of the High Court Division while hearing the Rule requested Mr. Shawkat Ali Khan and Mr. Ja..Category: Criminal Law | Date: | Hits: 79
Azizul Huq @ Azizul Haque and ors. Vs. State, 1990, 19 CLC (AD)
....he appellants may make a prayer for bail to the High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ......dure, 1898 (V of 1898), section 498 Bail matter After admission of appeal High Court Division having failed to grant bail appellant obtained leave and ad interim bail from the Appellate Division for a limited period with a direction to dispose of the appeal before the High Court Division within......he appellants may make a prayer for bail to the High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ...... 1986 passed by the High Court Division, Dhaka, in Criminal Appeal No. 215 of 1986). Judgment: Shahabuddin Ahmed CJ. - In this appeal by special leave the short question is whether the learned Judges of the High Court Division properly exercised their discretion in refusing bail to the accu..Category: Criminal Law | Date: | Hits: 51
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ...... Procedure, 1898 (V of 1898), section 164 The Evidence Act,1872 (I of 1872) Sections 157 & 5 The statement of a witness recorded under section 164 of the Code of Criminal Procedure is meant for binding him down to the statement made during investigation and in the case of any glaring incon......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......ul evidence on record far less the most doubtful evidence. This is not a case where conviction has been given on mere suspicion. Hence all the submissions on suspicion are out of place. The learned Judges of the High Court Division were correct in not disturbing the trial Court's order of conv..Category: Criminal Law | Date: | Hits: 74
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
.... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ......d: S. R. Pal, Advocate, with Md. Moksodur Rahman, Advocate instructed by S. M. Huq. Advocate-on–Record- For the Petitioner. Not represented - Respondents. Civil Petition for special leave to appeal No.199 of 1977 (From the Judgment and Order dated 21-7-1977 pas...... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ...... affect the enquiry. For the said proposition reliance was placed upon decision of the High Court Division in the case of Syed Md. Sakk Vs. Bangladesh (1975) 27 DLR 328. 4. The learned Judges of the High Court have distinguished the said case on facts and have pointed out that it was..Category: Employment/Service Law | Date: | Hits: 79
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......36 of 1996 was filed seeking the relief primarily: Bangla………….. 4. It may be mentioned that respondent Nos. 1 and 2 herein filed Other Suit No. 26 of 1990 before the 1st Court of Subordinate Judge, Chittagong and the same was later on renumbered as Other ......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ...... I make any just and necessary orders can also pass a 5 decree for rescinding the contract under section 35 of the Specific Relief Act". From the reported decision it is seen that the learned Judges in support of the aforesaid view noticed the decisions in the cases of Kurpal Hemraj and oth..Category: Property Law | Date: | Hits: 94
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......sion, setting aside, in exercise of the powers under section 115 of the Code of Civil Procedure, an order made by the first Court of Subordinate Judge, Dacca rejecting the prayer of the respondent for amendment of the additional written statement filed by the said respondent in a suit instituted......rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......ely a wrong point of view it would certainly by a failure on his part to exercise the jurisdiction as was conferred upon him by the aforesaid provision of Order 6, rule 17 of the Code. The learned Judges of the High Court division appear to have taken the correct review in the matter and rightly..Category: Property Law | Date: | Hits: 36
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ...... Judgment Mahmud Husain, CJ— This appeal by Special leave arises out of a judgment passed by a Bench of the High Court in writ jurisdiction summarily rejecting the petition filed for declaring the order dated 9 5-77 passed in Election Tribunal Case No. 6 of 1977 by respond......nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ......er having arisen in course of the trial, the learned Judge of the High Court were wrong in holding that respondent No 1 had no duty to stay the proceeding in the midst of the trial and the learned Judges of the High Court were wrong in not taking in to consideration the facts and circumstances o..Category: Election Law | Date: | Hits: 122
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