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Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)
....eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......itration case specifically stated in the written objection that the arbitration case was barred by limitation and that in that view of the matter "it could not be said that the petitioners raised the question of the limitation at the time of arguing in this civil revision before this court for the f......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..Category: Property Law | Date: 28 Mar, 2005 | Hits: 64
State Vs. Md. Nasim and others, 2005, 34 CLC (AD)
....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. ......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. ......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..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)
.... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ......p; MA Aziz J.- This appeal by leave by defendant Bangladesh represented by the Secretary, Ministry of Works and others calls in question the judgment and decree dated 22-2-1994 passed in FA No. 107 of 1989 by a Division Bench of...... 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.&..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
State and another Vs. Omar Faruque and others, 2005, 34 CLC (AD)
....ion is liable to be set aside. In the result, the appeal is allowed. Accordingly, Criminal Petition No. 102 of 1999 will follow suit. Ed. This Case is also Reported in: III ADC (2006) 251. ......2 of 1999) Criminal Appeal No. 18 of 1998 with Criminal Petition for Leave to Appeal No. 102 of 1999 Judgment MA Aziz J.- This appeal by leave at the instance of the state calls in question the judgment and order dated 21.4.1998 passed in Criminal Revision No. 41 of 1969 arising o......ion is liable to be set aside. In the result, the appeal is allowed. Accordingly, Criminal Petition No. 102 of 1999 will follow suit. Ed. This Case is also Reported in: III ADC (2006) 251. ..Category: Anti-Corruption Laws | Date: 23 Mar, 2005 | Hits: 89
Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)
....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. ......iable to be set aside. 6. In order to appreciate the submissions let us quote the relevant portion of Order 49 which runs as follows: "(49) (1) No election shall be called in question except by an election petition presented by a candidate for that election in accordance wit......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..Category: Election Law | Date: 22 Mar, 2005 | Hits: 123
.... to disclose their sources of information is disposed of as no finding is necessary in this case.
Ed.
This Case is also Reported in: 57 DLR (2005) 670.
...... proceedings are enrolled for a perpetual memorial or testimony, which rolls are called records of the court, and are of such high and super imminent authority that their truth is not to be called in question; a judicial organised tribunal having attributes and exercising functions independently of ......ĻāĻā§āĻ°ā§āĻā§āĻ° āĻŦāĻŋāĻāĻžāĻ°āĻĒāĻ¤āĻŋāĻ° āĻāĻ˛āĻāĻ˛āĻŦāĻŋ āĻ¸āĻ¨āĻĻ āĻāĻžāĻ˛!” 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. ..
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)
....risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ......n 4 of the Arms Act, 1878. "Armsâ includes fire-arms, bayonets, swords, daggers, spears, spearheads and bows and arrows, also cannon and parts of arms, and machinery for manufacturing arms. Now the question is whether the possession of arms except fire-arms can be and shall be in usual course is a......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..Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71
Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......olding 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 impugned order of the Taxes Appellate Tribunal. "(a)......ased to dismiss the appeal by order dated 16â7â2003 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..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)
....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. ......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. ......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..Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
....made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ......(In both the cases) Judgment March 15, 2005. The Constitution of Bangladesh, 1972, Article 102 Whether disputed question of fact as to the question of elected candidate to be a bank defaulter can be decided in a...... 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..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
....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. ......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..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. ......the names of two persons in the column of charge-sheeted witnesses upon misconception of law that unless name appears in the charge-sheet as witness he cannot be called as witness. Be that as it may, question of further investigation of the case for including names of two witnesses as charge-sheet w......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. ..Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3
Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)
....ts and circumstances of the case, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ......ts and circumstances of the case, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ......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..Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110
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. ......etition No.49 of 2005. Judgment Md. Abu Tariq J.- In this Rule the petitioner has challenged the assessment of customs duty on the ground that in determining the value of the consignment in question they have illegally rejected the invoice price and fixed a value arbitrarily without any ma......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. ..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)
..... 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. ...... in allotting saham to the parties in the suit. 5. The Court of 1st instance upon hearing the parties rejected on 9-11-1999 the prayer of the defendant No.52 on the finding since the suit in question is a suit for partition and, as such, in case of allowing construction prior to the dispos......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..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
.... 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.
......court in revisional jurisdicÂtion According to the learned Advocate the present
revisions are not directed against the ex parte judgment and decree
passed in Title Suit No.346 of 1977 and thus the question whether the earlier
suit was barred under secÂtion 42 of the specific Relief Act is not a......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..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
.... and we find no cogent reason to interfere with the same.
Accordingly, the appeal is dismissed.
No order as to costs.
Ed.
This Case is also Reported in: V ADC (2008) 271.
......by the company, the respondent No. 1 is a holder of 625 fully paid up shares and accordingly, is entitled to file the application under section 233 of the Company Act, 1994 and that the amendments in question, though legal, but were made to deprive the respondent No. 1 to participate in the manageme......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 ..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)
.... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal. 15. The appeal is dismissed without any order as to cost. Ed. ...... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal. 15. The appeal is dismissed without any order as to cost. Ed. ......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..Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126
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. ......ing the judgment and decree of the trial Court holding that the defendant No.1 has executed the sale deed in favour of the plaintiff on 25â12â1972, but prior to that he executed the Bainapatra in question on 10â3-1971 in respect of the same land and in favour of the defendant No.4 and sin......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..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)
....-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed. Ed. ......ther than the tank excavated on the land is non-retainable. Since no pleading is there in the suit and no issue to that effect was framed in the suit on any allegation that the tank in question is non-retainable khas land of the original landlord, we do not find any substanc......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..Category: Property Law | Date: 1 Feb, 2005 | Hits: 118
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