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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. ...... T. Ali Senior Advocate instructed by Abdur Rab-II, Advocate-on-Record — For respondent No. 2 Not Represented - Respondent No.1. Civil Appeal No. 112 of 1977 (On Appeal from the Judgment and the Order dated 25.05.77 passed by the High Court in Writ Petition No. 336 of...... noted that there is no provision in the Ordinance for preferring an appeal before the Government against the order of Tribunal. The power to transfer the case from one Tribunal to the other is an independent action to be taken by the Government of its own motion or on an application made on beh......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. ..Category: Election Law | Date: | Hits: 122
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
....g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ......vocate-on-Record-For the appellant. K A. Bakr Attorney-General, instructed by B. C. Panday, Advocate-on-Record—For the respondents. Civil Appeal No. 29 of 1976 (On appeal from the Judgment and the Order dated 4th May, 1970 passed by the erstwhile High Court of Eas......g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ......ly for or in connection with public pounds, public hospitals, whether supported wholly or partly by grants from the consolidation Revenue Fund or not, and which are not a source of profit or gain to the users or owners thereof, benevolent institutions,..Category: Fiscal/Taxation Law | Date: | Hits: 90
Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
.... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ......portable item and any general importer can import it on payment of proper duty and tax. 8. Learned Advocate next contended that the imported goods arrived at Mongla Port on 09-06-2002 from Indonesia and the respondent presented the bill of entry to the Mongla Customs House for asses...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 88
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ......oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ......oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ......oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 41
Dock Workers Management Board Vs. Muhammad Ismail and others, 2005, 34 CLC (AD)
....yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ...... of the proposal. But without complying with the aforesaid recommendation, only Departmental Head of the Medical Department was upgraded as Chief Medical officer with the pay scale of grade-V from 10.11.1991. 4. It was further stated that as a result the writ petitioners became subor......yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ......yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ..Category: Employment/Service Law | Date: | Hits: 88
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
.... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ......ase which occasioned a failure of justice, as the respondent opposite party failed to prove that the notice was not duly served or that he was prevented by sufficient cause from appearing when the appeal was called on for hearing." 8. Leave was obtained for co...... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ...... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 266
Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)
.... The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ...... The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ...... The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ...... The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ..Category: Property Law | Date: | Hits: 41
Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)
....ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ......aid deed is challenged on the ground of fraud, it must be proved by the person who alleges fraud. Because a fraud vitiates everything and for that reason this burden generally never shifts from the shoulder of the person who alleges the same. It has been already discussed that the ......ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ......ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ..Category: Property Law | Date: | Hits: 37
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
.... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ...... on 28-7-1998 against 17 accused persons but final report in favour of 5 accused persons including the respondent in the said case and the investigating officer prayed for release of those persons from the said case on 20-07-1998 and the learned Magistrate was pleased to accept the said prayer o...... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ...... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ..Category: Criminal Law | Date: | Hits: 90
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
.... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ...... is in fact an out and out sale deed. It has been alleged by the plaintiff that the quantity of land said to have been given by the defendant No.1 in exchange of the land said to have been received from the defendant Nos.2 and 3 is not correct, that the whole transaction between the defendant No...... deed challenging which the suit has been filed is in fact a camouflage deed i.e. although the deed has been described as the deed of exchange but in fact is a sale deed. The High Court Division on independent discussions of the materials on record refused to interfere with the finding and decis...... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 38
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ......bsp; Sundarban Bank International Ltd. (Proposed) to complete all formalities as per memos dated 26.01.1982 and 10.02.1983 (Annexures-E and G to the writ petition) within 6(six) months from date so that Sundarban Bank International Ltd. (Proposed) can apply to the Bangladesh Bank for......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ..Category: Banking Law | Date: | Hits: 124
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ......(Retd.) Syed Abu Naser Muhammad Okba and Lt. Col. (Retd.) Mohammed Zainul Abedin were in employment of the defence services and took employment under the Biman after the former had already retired from the Army and the latter was on leave preparatory to retirement. 5. Capt. (Retd.) S......er was on leave preparatory to retirement. 5. Capt. (Retd.) Syed Abu Naser Muhammad Okba was commissioned in the then Pakistan Army in May 196.7. With the emergence of Bangladesh as an independent country he continued his service with the Bangladesh Army until 21 June 1974 when ......ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 103
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ......: Dhaka Structure Plan (1995-2015) purbachal/Yousufuganj and Kaliganj projects (for which the case lands are going to be acquired) scored negative and thus DMDP specifically excluded Kaliganj Thana from the RAJUK area. It was further averred that the Acquiring Body issued the impugned notices und......ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ......ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ..Category: Property Law | Date: | Hits: 31
Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)
....eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......ry 22, 1985 and February 20, 1985 transferred the said land to the defendant and thereupon defendant No.1 mutated her name and possessing the land, that defendant also purchased .01 decimal of land from Ranjit Kumar Biswas and thus defendant is the owner and possessor of.10 decimals ......eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ..Category: Property Law | Date: | Hits: 28
Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)
....ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ..Category: Property Law | Date: | Hits: 33
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ......terial allegations made in the plaint and stating, inter alia, that Zeon Bibi while owning and possessing the land her son Awlad Hossain died and as such Awlad Hossain did not inherit any property from Zeon Bibi and consequent thereupon Awlad Hossain's son Taleb Hossain and Monir Hossain did not......bad for defect of party, that the plaintiff has been able to prove his case and as such entitled to the relief prayed for. 5. The contesting defendants went on appeal. The appellate Court on independent discussions of the evidence, both oral and documentary, concurred with the fi......ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......fect plaint of the suit filed on behalf of the plaintiff cannot be rejected without giving an opportunity to the plaintiff to cure the defects. Thus the order of rejection of plaint obviously suffers from an error of law and it is accordingly set-aside and the appeal is allowed……….…(36) C......satisfaction of the Court to be acquainted with the facts of the case. It is not a necessary condition of verification that it should be done by the holder of a power of attorney. If Md. Sirajul Huq, independent of the power of attorney, had acquaintance with the facts of the case he could verify th......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ..Category: Property Law | Date: | Hits: 118
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......so they are bound by the principle of estoppels and debarred to raise the claim already voluntarily abandoned. The decree being obtained on understanding and consent of the parties, appeal do not lie from such decree by either party. The points lost earlier on consent cannot be raised on appeal. The......gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......ke them parties in Miscellaneous Case No. 88 of 1976. 12. It has been asserted by defendant No.1 that MA Naser is not dead but that he is alive, and defendant No.1 had come to know from a reliable source that MA Naser was living in Karachi with his wife, son and daughters and that he was doing hi..Category: Property Law | Date: | Hits: 95
State Vs. Mofizuddin and other, 2005, 34 CLC (AD)
....e other accused namely, Mainuddin Ahmed Dulal, Habibur Rahman, Mainul Islam and Dewan Rasul Sanam but they were convicted on the basis of confessional statement of co-accused Mafizuddin without any corroboration by any other evidence. The High Court Division also found that the confessional stat......ken, cash kept in the iron safes broken and the dead bodies of night guard, Abdul Mannan and treasurer Abul Kalam Azad lying in the delivery room could understand that the dacoits looted away cash from the post office killing those two staffs on duty there. The informant then lodged First Inform......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 40
Abul Khair Vs. State, 2005, 34 CLC (AD)
....t. 4. As it appears the High Court Division acquitted Imam Hossain of the charge under sections 302/109 of the Penal Code upon observing that "we noticed that P.Ws. 2-6 did not state in corroboration with each other consistently as to utter or use of any common words of language ...... imposed fine of Tk.50/- upon the workers of Abul Khair and being annoyed Abul Khair was about to attack the victim but due to resistance of others the matter ended without any serious consequence; from there the victim, with other members of the Salish, went to the house of Salamat Khan, the ch......learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 52
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