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M/s. Shanker Kumar Das Vs. Government of Bangladesh and 6 others, 2005, 34 CLC (HCD)
....H), the payment due to the petitioner had been held up for an indefinite period. 5. Being aggrieved for the non-payment of the bills for the project completed by the petitioner, a notice demanding justice dated 5.3.2003 (Annexure-K) was issued on behalf of the petitioner but without any response.......1.2002 requested the Additional Chief Engineer (Roads and Highways), Barisal, Respondent No.7, to take necessary steps for allotting further Tk.20,00,000/- for the petitioner's works (Annexure-D) and accordingly the said respondent by his letter Memo No.7-6(27)/2879/1/2 dated 12.12.2002 requested th......ent February 23, 2005. Result: The Rule is made absolute. Lawyers Involved: Mahbubey Alam with Zahirul Alam Babor, Advocates-For the Petitioner. A.H.M. Mushfiqur Rahman, Assistant Attorney-General-For the Respondents. Writ Petition No.1633 of 2003. Judgment ABM Khairul Haq......eting dated 3.9.2002 i.e. Annexure F-1 and the impugned letter dated 27.1.2003 i.e. Annexure-H so far as it affects the petitioner's sub-project No.26 should not be declared to have been made without lawful authority and is of no legal effect. 2. It is stated in the petition that in response to a..Category: Civil Law | Date: 23 Feb, 2005 | Hits: 31
.... 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.
......ance amount of Taka 7 lakh was not paid by the respondent No. 1 and Abul Bashar but, however, Abul Bashar, not being able to pay his share of the advance, transferred 875 shares to appellant No.2 and accordingly, return was filed to the Registrar of Joint Stock Companies on 15-12-95 showing that Abu......Appellants
Vs.
Professor Shahabuddin Khaled Chowdhury & others....Respondents
Judgment
February 22, 2005.
Result:
The appeal is dismissed.
Cases Referred to-
Nahar Shipping Lines Ltd vs. Mrs Homera Ahmed, 9 MLR (AD) 58 = 56 DLR (AD) 36; Scottish Co......tory explanation; the resolutions of the so-called extraordinary general meeting of the company held on 18-1-96 was filed as late as on 9-9-99 and, as such, on the face of it, a nullity in the eye of law and further, the so-called investigation report filed by the Bangladesh Bank has been manipulate..
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. ......o.3. An Inquiry Committee constituted by the Deputy Commissioner, held enquiry into the incident and submitted report on 02.09.1989 with the recommendation to transfer the respondent elsewhere and accordingly, the respondent was transferred from Muladi. 3. On 28.05.1992, almost aft......e 116 Consultation with the Supreme Court in taking disciplinary action against a Magistrate is whether necessary. In view of Article 116 of the Constitution, in order to take disciplinary actions against any Magistrate, exercising judicial function, consultation wit......regularities have been committed by the authority in passing the impugned order. 6. He then submits that the Appellate Tribunal without considering the facts and circumstances and the law passed the impugned order allowing the appeal which is not sustainable in the eye of law. ..Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126
Govt. of BD rep. by the Sec., Min. of Establishment Vs. Md. Abu Bakar, 2005, 34 CLC (AD)
....lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......72, Articles 102 & 103 The respondent brought the writ petition for getting allotment of a Government plot as an affected applicant. The High Court Division directed Respondent Nos. 1-3 to act in accordance with the law without any order of allotment of any plot to the Writ Petitione...... The respondent brought the writ petition for getting allotment of a Government plot as an affected applicant. The High Court Division directed Respondent Nos. 1-3 to act in accordance with the law without any order of allotment of any plot to the Writ Petitioner. There is no ground to interf..Category: Property Law | Date: 16 Feb, 2005 | Hits: 69
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. ................Plaintiff-Petitioner Vs. Mohammad Miah and others.............Opposite Parties Judgment February 7, 2005. Result: The Rule is discharged. Cases Referred to- Pordil Khan Vs. Sufaid Gul and others, 1965 PLD (Peshawar) 259; Rupe Jahan Begum and others......s Vs. Lutfie Ali Chowdhury and others reported in 49 DLR (AD) 73 submitting that the concurrent findings of the Courts below may not be disturbed by this Court in revision unless they are perverse in law. 20. In the case of Sudhir Chandra Shuklabadhya Vs. Amulya Shuklabadhya and others (un..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. ......-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. ...... Advocate-on-Record — For Respondent Nos. 1—8. Not represented— Respondent No. 9. Not represented — Respondents. Civil Petition for Leave to Appeal Nos. 336 & 337 of 2003. (From the judgment and order dated 5th November 2002 pa...... same was allowed. But in revision the suit was dismissed. 5. Mr. Md 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 ..Category: Property Law | Date: 1 Feb, 2005 | Hits: 118
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
....ision and the same being a case of reversal, the petitioner has a substantial cause forhearing in the appeal and, as such, his right to continue in the tenancy needs to be protected in theinterest of justice. 9 In support of his, submission the learned Counsel has referred to the decision in the...... premises and process continuously. The defendants were also given right to sell the possession of the suit shop rooms to the third party and third party shall enjoy all privileges from the plaintiff according to the lease deed of the defendant. It is also mentioned in the said lease deed that in ca...... voluntary payment of salami in the commercial world did not make the tenant a non-ejectable one and no interest other than tenancy right recognised by law could be created on payment of salami so as to prevent the tenant not liable to be ejected on specific legal ground for the purpose…………â...... The widespread and longstanding practice of voluntary payment of salami in the commercial world did not make the tenant a non-ejectable one and no interest other than tenancy right recognised by law could be created on payment of salami so as to prevent the tenant not liable to be ejected on sp..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....3 before the Additional Deputy Commissioner (Revenue), Dhaka and obtained an order of stay on 22‑6‑2003. 3. Being aggrieved by the impugned Annexure, the petitioner served a notice demanding justice upon the respondents. Though the notice was served upon them, no action was taken. The petit......8‑9‑1959 and 25‑2‑1960 under section 3 of the Act and those lands continued to be subject matter of requisition. Subsequently, the requisitioned lands were acquired by the Government and accordingly, a Gazette notification was published on 28-3‑1968. Therefore, the land vested in the ............................Petitioner Vs. Government of Bangladesh and others.......Respondents Judgment January 16, 2005. Result: The Rule is discharged. Cases Referred to- Director of Housing and Settlement, Segunbagicha, Ramna, Dhaka Vs. Abdul Majid Howlader and...... possession of the case land and (iv) the threatened dispossession of the petitioner by the respondent Nos.1‑8 from petitioner's land should not be directed to have been issued and made without lawful authority, and as unconstitutional and violative of the petitioners fundamental rights guaran..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
....udge failed to consider the time, manner and place of occurrence and thereby committed an error of law in passing the impugned judgment and order of conviction, which resulted into the miscarriage of justice. The order of conviction and sentence is against the weight of the evidence. &nbs...... assaulted the said neighbours and injured them. It also appears that the injured persons were taken to Kushtia Hospital for treatment while doctors found Asmat Ali’s condition was critical and accordingly, they advised the informant party to take him to Rajshahi Medical College Hospital for b..............Appellants Vs. State.............................................Respondent Judgment January 15, 2005. Result: The Appeal is allowed in part. Cases Referred to- Abdus Sattar and others Vs. State, 46 DLR (AD) 239; Rafiqul Islam Vs. State, 1993 BLD (AD) ......bul Joarder, (3) Azizul Joarder, (4) Hakim Joarder, 5) Mannan Joarder, (6) Babul Joarder, (7)Nizam Joirder, (8) Moktar Joarder, (9) Aziz Joarder (10) Tota Miah, (11) Yunus Ali and others forming an unlawful assembly entered into the sugarcane fields of the informant armed with dangerous weapons like..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Barkatullah Khan (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....oved this Court and obtained the Rule in the aforesaid terms. 4. Mr. Mahbubur Rahman, the learned Advocate appearing for the petitioner, assails the impugned order on the ground that an act of injustice has been meted out to the petitioner by issuing the impugned order. He submits that the peti......f any order. This is in consonance with the long standing and well settled principle of nature justice. 16. In view of the discussion made above, we find sufficient merit in this application and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be......lt: The Rule is made absolute. Lawyers Involved: Mahbubur Rahman with Md. Salahuddin Dolon and Mohammad Abu Taher, Advocates- For the Petitioner. Zaman Akhter Bulbul, Assistant Attorney-General- For the Respondents. Writ Petition No.5557 of 2003. Judgment Zub......ship on the petitioner. 5. Mr. Zaman Akhter Bulbul, the learned Assistant Attorney-General appearing for the respondent Nos.1 and 2, submits that the impugned order was passed in accordance with law. He further submits that the petitioner was unsuccessful in passing several subjects during his ..Category: Employment/Service Law | Date: 15 Jan, 2005 | Hits: 2
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
....ourts below when the same has been made either upon mis‑reading or non-Âconsideration of the material evidence and the said mis‑reading and non-consideration of the evidence caused failure of justice. The High Court Division is also competent to set aside the judgment of the lower appellate......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. ...... filed seeking decree for permanent injunction. 2. Plaintiffs filed the suit stating, inter alia, that CS recorded tenant Nawab Ali was the owner of the land described, in the schedule attached to the plaint, that after, his death his son Abdul Barek possessed the said land and he transferred......ntention that the High Court Division acted illegally in reversing the concurrent finding of fact as to possession of the suit property in exercise of the revisional jurisdiction and thus erred in law in making the Rule absolute. 11.The High Court Division while exercising its revisional juri..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
....ellip;……………Opposite Parties Judgment January 10, 2005. Result: The Rule is discharged. 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 doe...... 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. ......ellip;……………………Opposite Parties Judgment January 10, 2005. Result: The Rule is discharged. Rules or procedures are made to subserve the ends of justice and not to defeat them Mere omission to sign and seal exhibits ...... the Court proceeding. The Court may at any stage of the suit reject any document which it considers irrelevant or inadmissible after recording the grounds. It is now a settled principle of law that unless objection as to admissibility of a document was taken at the earlier opportunity i.e..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
....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. ......etitioner Vs. Government of Bangladesh & others.................Opposite Parties Judgment January 10, 2005. Result: The Rule is discharged. Cases Referred to- Md. Swaleh and another Vs. United Grain & Fodder Agencies, 16 DLR (SC) 155; Nadira Rahm...... by the Deputy Commissioner, Pabna Vs. Md. Kobad Ali and others, reported in 39 DLR (AD) 205 has clearly cautioned that: "The above observation is not to be understood to have laid down any law that Article 181 of the Limitation Act, 1908 governs an application under section 115 of the Civ..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
....pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......titioner Vs. Nur Mohammad Khan and others.................................Opposite Parties Judgment January 10, 2005. Result: The Rule is discharged. Cases Referred to- Mozaffar Ahmed Vs. State and others, 49 DLR 485; Md. Tabibur Rahman Vs. Md. Saydur Rahman, ......ting the stay order separately. 4. Mr. Md. Mojibur Rahman, the learned Advocate appearing on behalf of the first party petitioners, submits that the learned Sessions Judge has failed in error of law in taking the view that Magistrate had no jurisdiction to draw up a proceeding under section 145..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
....n according consent a court has to be satisfied that the executive decision to withdraw from prosecution has not been improperly exercised or that it is not an attempt to interfere with the course of justice, malafide or for collateral purpose. 8. The word 'consent' as used in section 4...... highest level of the administration the trial Court was not required to go further and sit on judgment on the decision of the Government and such decision itself prima facie supplies good ground for according consent to withdrawal of a criminal case. The learned Advocate relies upon the decision of.........Petitioners Vs. State ........................................................Respondent Judgment January 9, 2005. Result: The Rule is discharged. Cases Referred to- Sikander Ali Vs. State, 31 DLR (AD) 135; Abdul Hakim Chowdhury Vs. Ruhul Amin and State, 40......next date has been fixed for examination of the accused persons under section 342 of the Code of Criminal Procedure. It is further stated that Additional Sessions Judge, on consideration of facts and law points, found accused-petitioners having not been implicated out of political grudge and that th..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ...... Vs. Nurul Amin and others.......Respondents Judgment January 5, 2005. The Evidence Act, 1872 (I of 1872), Section 120 Competency of a witness to prove facts in issue- Facts which are within the knowledge of suitors if they did not dep......screpancy obviously due to error of memory by lapse of three years, that it being in the deposition of the PW 1 that at the time of drafting the petition in the House Rent Control Case he told his lawyer about the bainapatra and, as such, in the background of the said statement of the PW 1 non&#..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....on of the High Court is attracted (i) to make such orders as may be necessary to give affect to any order under the Code, (ii) to prevent abuse of the process of any Court and (iii) to secure ends of justice. To invoke this inherent jurisdiction of the Court, the Code makes certain provisions and un......the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ..........Petitioners Vs. State..................................................Opposite Party Judgment January 4, 2005. Result: The Rules are discharged. Cases Referred to- AIR 1945 PC 156; Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; 14 DLR (SC) 96; 14 DLR (......ive had to perform certain things, in which, he may not follow the norms and it might be irregular but it cannot be said to be an offence and it cannot be branded a penal offence punishable under any law of the country. Mr. Huq further submits that the statements of the witnesses under section 161 o..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)
....ntiff prior to dispossession by the defendants from the suit land, the trial Court, decreeing the suit, committed a serious error of law resulting in an error in the decision occasioning a failure of justice. Plaintiff can seek relief in a properly constituted suit but in the present suit as fr...... belonged to Abdul Mollah (2), Jobdul Mollah and Sabdul Mollah and CS Khatian No.12 has correctly been recorded in their names and that Jobdul Mollah died leaving behind only daughter Moymannessa and accordingly, SA record and RS record were prepared in the name of the said Moymannessa and that she ......proved over the suit land Plaintiff could not prove his possession over the suit land and was dispossessed by the defendants from the suit land forcibly. In the absence of any clear evidence as to the possession of the plaintiff prior to dispossession by the defendants from the suit land, the ...... the absence of any clear evidence as to the possession of the plaintiff prior to dispossession by the defendants from the suit land, the trial Court, decreeing the suit, committed a serious error of law resulting in an error in the decision occasioning a failure of justice. Plaintiff can seek ..Category: Property Law | Date: 4 Jan, 2005 | Hits: 3
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
.... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ...... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ......sident’s Order No. 88 of 1972 was promulgated long after the transaction was completed and the period of seven years as per the terms of the alleged Ekrarnama for reconveyance was over prior to such promulgation, the petitioner is not entitled to get back the land as per provisions under s...... that the President's Order Nos. 88 and 136 of 1972 and No. 24 of 1973 are all valid legislations for affecting necessary amendments in the East Bengal State Acquisition and Tenancy Act and those laws cannot be attacked on the ground of ultra vires; (2) any transfer of a holding or part ther..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
....a notice before cancellation of licence by the impugned general notification nor he had been given any opportunity of being heard and consequently there has been violation of the principle of natural justice. A person or a citizen being possessed of any firearms under licensee granted by the au......supplementary affidavits filed by the petitioner it has been stated that the petitioner used to renew his licence on payment of fees with fine and the Deputy Commissioner always accepted the same and accordingly the petitioner filed an application on 28‑7‑04 stating that he has already paid the ...... others..................................Respondent Judgment December 14, 2004. Result: The Rule is made absolute. Though it is necessary for the security of the public peace to cancel the licences of the petitioner, the petitioner was not served with a notice before cancell......illegal possessor of arm and an offence under the Arms Act for such possession would not be deemed to have been committed unless the licence of the licensee validly cancelled following the proviso of law, unless he is asked to deposit and surrender the possession of the arms within certain specified..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
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