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Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).
.... KM Hasan J.- The petitioner seeks leave to appeal against the judgement and order dated 4‑32002 passed by a Division Bench of the High Court 2. The facts leading to the leave petition are that the respondent, Union Bank Ltd. Karachi Branch, as pla......: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Zyta Garments Ltd......................Petitioner Vs. Union Bank Ltd and another …………….Respondents Judgement ......ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ..Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
....he deed by which defendant transferred the land to the plaintiff got the Ekrarnama written by his assistant and thereafter put his signature in the Ekrarnama as the scribe. In the background of the facts of the case the probability of execution of the Ekrarnama by the plaintiff appears to be somet...... 209, 8 BLC (AD) 67. ...... Section 95 of the State Acquisition and Tenancy Act, 1950 , in the office of the Upazila Revenue Officer, Bhandaria and that upon suppressing the notice of the said Miscellaneous Case and creating evidence as regard appearance of the plaintiff in the said Miscellaneous Case obtained an order on..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)
....8209;opposition and supplementary affidavit controverting the allegations brought in tile writ petition and contended that the allegations against the writ‑respondents were not substantiated by facts during enquiry held by Enquiry Committee constituted by the Board in its meeting on 29‑3...... Supreme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J AS Ahammed J Chairman, Board of Intermediate and Secondary Education, Jessore and ors...........Petitioners Vs. Md Amir Hossai......n of the principle of natural justice. 7. Thus, the submission of the learned Advocate for the petitioners merits no consideration. The petition is dismissed. Ed. ..Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322
Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
....ned Assistant Judge, 6th Court, Dhaka in Title Suit No.137 of 2001 should not be set aside and such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts for disposal of the Rule are that, opposite party No.1 as plaintiff filed Title Suit No.137 of...... High Court Division (Civil Revisional Jurisdiction) Present: Faruque Ahmed J Taiyaba Zaman.............................................Petitioner Vs. Gias Uddin Ahmed and others.........................Opposite Parties Judgment November 6, 2002. Result...... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....appeal by leave arises out of judgment and order of the learned Company Judge dated 10‑12‑1989 in Matter No. 34 of 1989 allowing the appeal under section 38 of the Companies Act. 2. The short facts leading to this appeal are that Ahmed Impex Company (Pvt.) Ltd. which will hereafter be referr...... Reza Chowdhury CJ Md. Fazlul Karim J Syed JR Mudassir Husain J Ahmed Impex (Private) Ltd. & others.............Appellants Vs. Moqbul Ahmed being dead his heirs: Ferdous Ara Begum and others ................Respondents Judgment November 5, 2002. Result: The appeal is...... late Tofayel Ahmed. When one letter head was in disuse and the other was in use. Mr. Nurullah further submits that the debit vouchers Exhibits I and J were disbelieved on mere surmise and not on the evidence on record. He also submits that the learned Company Judge did not deal with Exhibit 3, a wr..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....mely, whether after finally disposing of a matter a Court or tribunal can re‑open the matter when an allegation of fraud practiced on the Court or tribunal is brought. 2. The facts necessary for disposal of the appeal arc that respondent while serving as Division Officer/Ass......nt: Mainur Reza Chowdhury CJ Md. Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J Government of Bangladesh and another .........Appellant Vs. MA Khair Bhuiyan............Respo......e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)
....ing over a period of 6 months, but every time the said cheques were dishonoured since there was no amount in drawer's account or that the drawer had stopped the payment. In the background of the said facts, notice under section 138(b) of the Negotiable Instruments Act upon the accused petitioner was......sion (Criminal) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Hashibul Bashar ...............Petitioner Vs. Gulzar Rahman and another..............Respondents Judgment October 28, 2002. ......tiable Instruments Act. 10. In the background of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
.... petitions are directed against the judgment and order dated 2-7-2002 passed by this court in Petition for Leave to Appeal Nos. 504, 510, 516, 517 and 636 of 2002 dismissing them. 2. The facts of the case and materials relating thereto are already discussed in the judgment delivered by ......howdhury CJ Md Ruhul Amin J Md Fazlul Karim J KM Hasan J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Md. Fazlul Haque J Ekushey Television and another …… Petitioner Vs. Dr. Chowdhury Mahmood Hasan and ors &helli......application of law to the facts or the exposition of law to the facts or the exposition of law is erroneous (unless it lays down a bad law) or that inference is drawn on appraisal and appreciation of evidence is erroneous does not constitute valid grounds for review. 26. Bearing these p..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Secretary, Ministry of Works and another Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....inding of fact, should not go into the consideration of adequacy or inadequacy of evidence unless the appellants can show misreading of evidence or failure to take into consideration material facts resulting in error of law. 12. Mr. Abdur Razaque Khan, the learned Additional Attorn......ourt Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ KM Hasan J Md. Fazlul Haque J Secretary, Ministry of Works and another.........Appellants Vs. Md. Yusuf Ali Khan and others....................; Against that judgment the plaintiff filed first Appeal No. 52 of 1990 before the High Court Division and the High Court Division after hearing the parties and discussing the oral and documentary evidence adduced by the parties, allowed the appeal reversing the judgment of the Court below. It c..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
....nd for reference of the dispute to the arbitrator for settlement of the dispute. The High Court Division accordingly while allowing stay has referred the matter to the arbitrator. 11. Thus in the facts and circumstances of the case if at the arbitration, it is found by the Arbitrator that the cl......Court Division Judgment here. Supreme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J Maico Jute and Bag Corporation.....................Petitioner Vs. Bangladesh Jute Mills Corporation and......impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)
.... 2. Facts in the background of which dispute between the parties in the proceeding arose and was referred to the arbitrator need not be stated in detail since in the judgment under review facts relating to the dispute arbitrated have elaborately been stated. 3. Defendant res......oner. Abdul Wadud Bhuiyan, Senior Advocate Instructed by Ms. Sufia Ahmed, Advocate-on-Record-For the Respondents. Civil Review Petition No. 27 of 2002. (From the Judgment and Order dated December 12, 2001 passed by the Appellant Division in Civil Appeal No, 195 of 2000......alization thereof. The review petition has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476...Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217
Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).
....ud alleged by any of the party to the execution proceeding out of judgment and decree passed under the Ain as the same could have been adequately dealt with under the said provision, and in the facts and circumstances of the instant case the writ jurisdiction is not maintainable for deci...... Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J Antibiotic Stores & others .................. Petitioners Vs. Subordinate Judge and Artha Rin Adalat and another…………… Respondents &nbs......on sale on the ground of material irregularity and fraud. But such question of fraud and material irregularity in conducting the sale is not maintainable in writ jurisdiction as because it involves evidence which can not be conveniently dealt with in writ jurisdiction………&hell..Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
....ed took the victim to Rajbari for collecting relief money or stayed with the victim at Al Quddus Hotel. 7. That the learned Trial Court thereafter in consideration of evidence on record as well as facts and circumstances of the case, found the appellant guilty for the offence charged and convicte......No. 2487 of 1997. Judgment Tariqul Hakim J. - This criminal appeal, at the instance of accused-appellant Abdus Sobhan Biswas son of late Harun-or-Rashid Biswas, is directed against the judgment and order, dated 18-11-1997 passed by the learned Nari-o-Shishu Nirjatan Daman Bishes Judge, Nari-o-......nce. After close of the prosecution witnesses the accused appellant was examined under section 342 of the Code of Criminal Procedure to which he repeated his innocence. The defence did not adduce any evidence. 6. The defence case is total denial of the allegation. The further defence case is that..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
....
Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents.
Ed.
This Case is also Reported in: (2002) 22 BLD (AD) 155.
...... Reza Chowdhury CJ
Md. Fazlul Karim J
KM Hasan J
Md. Fazlul Haque J
Hazerullah …………Petitioner
Vs.
Assistant Commissioner, Board of Management of Abandoned Property and others …… Respondents
Judgment
August 7, 2002.
Result:
......rised occupant and this has been challenged by filling this writ petition. Since the property has been declared as an abandoned property having been enlisted in the Gazette notification is conclusive evidence. This Writ petition merits no consideration and it is summarily.”
4. In the case of Q..
Category: Constitutional Law | Date: 7 Aug, 2002 | Hits: 180
Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)
....o illegality is committed by the Special Tribunal in framing charge against the accused appellants. He finally submit that there is no legal ground for the accused appellants to be aggrieved in the facts and circumstances of they have filed the instant appeal at the case, rather at the behest of......eported in: 55 DLR (HCD) (2003) 536. ......as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ..Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219
Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ...... Supreme Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Abdul Aziz J AKM Fazlur Rahman J Kalu Sheikh alias Kalam Sheikh and others………….Appellants Vs. State………&hellip......nts and the same was read over to them to which they pleaded not guilty and claimed to be tried. 5. Prosecution examined 7(seven) P.Ws. and defence none. 6. After closing of the prosecution evidence the appellants were examined under section 342 CrPC to which they pleaded innocen..Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....se to me for hearing and disposal as a Third Judge and accordingly, the Rule has been heard by me on 24-7-2002 and judgment is being delivered today. 4. As there is no dispute as to the material facts involved in the case and my learned brothers in their dissenting judgments have already stated...... Judgment July 29, 2002 Result: The Rule is made absolute. Lawyers Involved: M Amir-ul Islam, Tania Amir, Dr. Shirin Sharmin Chowdhury, Manzil Murshed and Shamsul Hasan, Advocates- For the Petitioner. Abdur Razzak, Additional Attorney-Genera......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....e been possessing the same through the lessees ….The trial Court, in fact, did not come to any finding to the factum of possession of the suit land by the plaintiffs which is very crucial in the facts and circumstances of the instant case and discarded the evidence of PW 2 on the ground that h...... Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Hussein J Abu Sayeed Ahammed J Shishir Kanti Pal and others…………………… Petitioners Vs. Nur Muhammad and others …......udgment July 27, 2002. The Evidence Act, 1872 (I of 1872), Section 79 (i) If a witness is found reliable, independent, non-partisan or disinterested then the evidence of such single witness can be taken as foundation in taking a decision in respect of an is..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
.... of the MOU dated 2‑6‑2000 but submits that since the relevant file was forcibly taken away by the petitioner himself, he could not prepare the affidavit-in-opposition properly giving the correct facts and figures. Besides, he submits that the claim of the petitioner from which the instant proce......ourt High Court Division (Civil Original Jurisdiction) Present: ABM Khairul Haque J Amir Hossain...............................................................Petitioner Vs. Homeland Footwear Ltd. and ors…………………………………………Respondents Judgment ......e year 1999 but in spite of giving repeated opportunities and sufficient time since the beginning of the hearing of the petition to produce its balance-sheets for the years 2000 and 2001 or any other evidence showing financial viability of the company in the face of the allegations of the petitioner..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....at there having been no evidence to substantiate an attempt to murder, the impugned judgment and order of conviction and sentence under section 10(2) of the aforesaid Act is not tenable in law in the facts and circumstances of the case and, as such, the appeal should be allowed and the accused appel......se is also Reported in: 55 DLR (HCD) (2003) 527. ......assing the impugned judgment and order of conviction and sentence against the accused appellant under section 10(2) of the Nari-o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 without any material evidence on record. He then submits that the Bishesh Adalat wrongly framed charged against the accus..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
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