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Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......esumption of a thirty years old document by virtue of the provisions of section 90 of the Evidence Act, 1872 is rebuttable. The mere fact that the document is thirty years old does not make it immune from attack by the other side on the question of its genuineness...............(15) Lawyers Invol......l further held that D.W.1 is defendant No.1 himself and D.W.2 is husband of defendant No.2 and they are interested witnesses and as such their evidence could not be relied upon unless corroborated by independent witnesses but no independent witnesses was produced in this case by the defendants. ......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 26
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
.... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ......35 of 2003 and 299 of 2003 affirming the order No. 15 dated 9.11.2003 of the Senior Assistant Judge, Second Court, Dhaka granting temporary injunction restraining the defendant-respondent Nos. 1-3 from dealing and/or making any transaction underhand or overhand in any manner with any person or p...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 100
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ......eal No. 112 of 1990. (From the Judgment and Order dated 22 April, 1990 passed by the High Court Division, Dhaka in Writ Petition No. 763 of 1990.) Judgment ATM Afzal J. - This petition is from an order dated 22 April, 1990 passed by the High Court Division, Dhaka summarily rejecting th......default in paying the instalments of loan as per agreement with the BSB. As to the first contention it was found that Articles 33 and 34 of the Order are exclusive of each other and vest the BSB with independent power to proceed either under Article 33 or 34. 7. The learned Counsel now seeking le......imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ..Category: Banking Law | Date: | Hits: 117
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ......e to Appeal No. 30 of 1989. (From the Judgment and Order dated 6-6-1989 passed by the High Court Division, Dhaka in Writ Petition No. 74 of 1989.) Judgment ATM Afzal J. - This petition is from the judgment and order dated 6 June, 1989 passed by the High Court Division Dhaka discharging t...... to take over the management and administration of the industrial concern and to sell its property have been set out in Art. 34(1) with the conjunction "and", we have no manner of doubt that they are independent and alternative powers to enforce repayment of the loan. The Article read as a whole lea......pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ..Category: Banking Law | Date: | Hits: 94
Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)
.... 13. 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 costs. Ed. ......s the defendant No.2 in Title Suit No.77 of 1963. He upon service of summons entered appearance and filed written statement. While the suit was awaiting for disposal before the trial Court, as seen from the materials on record in connection with the civil revision the record of the Title Suit No.......to the question of limitation as considered by the trial Court. The first Court of appeal being the last Court of fact while reversing the judgment appealed is required to dispose of the appeal on independent discussion of the evidence relied upon by the Court of first instance and to assign rea...... 13. 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 costs. Ed. ..Category: Civil Law | Date: | Hits: 112
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....rt was in error. 16. 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. ......tiff No. 9) to the defendants under section 106 of the Transfer of the Property Act to vacate the premises in suit but the defendants did not vacate the premises in suit and that to save them from being evicted on the ground of default in the payment of rent the defendants started depositin......m the materials on record that at the time of trial in support of the case pleaded in the pleading by the plaintiffs, plaintiff No.3 deposed for all the plaintiffs and he was corroborated by other independent and disinterested witnesses. The plaintiff No. 9 has not taken any exception to the mat......rt was in error. 16. 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: Property Law | Date: | Hits: 46
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......ment in respect of Overhead Tank were executed on 14-1-1987, the respondent No.1 deposited Taka 20,00,000 as security and started the construction works and received payments of several running bills from the port authority; however, at a later stage the construction works were about to be closed do......ulated time and in view of the failure of the respondent No. 1 to do so the contracts were duly cancelled; the High Court Division was required to consider all aspects of the case and decide the same independently upon consideration of the evidence on record and submissions made by the parties but, ......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 109
Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, Dhaka, Bangladesh and others, 1989, 18 CLC (AD)
....as deprived of procedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ......ay 2, 1989. Result: The petition is dismissed. The Sonali Bank (Staff) Service Rules 40 & 42 Disciplinary proceeding The decision of the Board of Directors to remove the petitioner from service amounts to giving approval to the entire- proceeding from the beginning to the end. So,......ere is nothing in Rule 42 to show that the Enquiry Officer should be appointed by the Central Board of Directors. What is necessary, according to the rule, is that the competent authority obtain an independent report in the case in writing from an Officer specially deputed to investigate the cas......as deprived of procedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ..Category: Employment/Service Law | Date: | Hits: 98
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
.... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ......country in 1984. Hence, the Government decided to import sugar under Wage Earners' Scheme and in that view of the matter certain formalities were waived by the Government namely, prior permission from the Chief Controller, Imports and Exports, etc. Government decided that all registered import...... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ......cate renewed upto date shall be eligible to open Letter of Credit for import of Sugar under Wage Earners' Scheme. However, industrial consumers shall not be eligible to import sugar under any source of finance. (ii) An individual importer shall be entitled to open Letter of Credit for a..Category: Fiscal/Taxation Law | Date: | Hits: 153
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ....... Nor is the benefit of section 7(2) available to the appellant because the non-agricultural land which he was holding since 1939 was not 'comprised in any tenancy'. The question of counting 12 years from 1934 does not arise at all. With the death of Raj Kumar in 1939 his successors-in-interest beca......f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......where the plaintiff’s claim of title is to be looked into incidentally. If the precise title to which he lays his claim is not supported by the evidence on record, the Court cannot find out another source of title for the plaintiff by way of gratuitous relief…………………..(18) Lawyers ..Category: Tenancy Law | Date: | Hits: 169
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....ter of long past and in the normal course of business or trade of such person it is unusual for him to remember the fact he deposed. In that state of the matter we are of the view in the absence of corroboration of the deposition of the scribe, the High Court Division as well as the lower appella......of Izzatullah Chowdhury as his daughter-in-law, that Izzatullah Chowdhury died in Magh, 1366 B.S., that a year before the death of Izzatullah Chowdhury, plaintiff No.1 i.e. Khatemon was driven out from the house of Izzatullah Chowdhury by the defendant No.4 claiming himself to be the Ammoktar of......of his foster son, that passing of consideration as deposed by the scribe of Ext.1 in the proceeding under section 145 Cr.P.C. being of a professional deed writer in the absence of other independent witness can not be relied upon safely and as such the matter of passing of consideratio......l Hossain his wife and the children stayed in the house of Izzatullah Chowdhury, that the evidence as to payment of consideration as regard the transaction by Ext.1 or in other words about the source of consideration relating to transaction as evidenced by Est.1 is of doubtful nature since ..Category: Property Law | Date: | Hits: 67
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
....nt in question forged and fabricated has examined himself alone. He being interested for getting the kabala declared fraudulent and fabricated or for that matter forged there was necessity of corroboration of his evidence to that effect by the same was nil. In the state of the matter the ap......he defendant Nos. 1-5 upon using the name of the plaintiff have created the kabala in question in respect of the land mentioned therein, that the plaintiff obtained the certified copy of the kabala from the office of the sub-Registrar, Srimongal, that the plaintiff has not executed and registered...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)
....etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ......ath Reference Case No. 9 of 2002 referred by the learned Sessions Judge, Manikgonj for confirmation of death sentence of the petitioner and Jail Appeal No. 128 of 2002 filed by the petitioner from Manikgonj jail, which were heard and disposed of together by the High Court Division accepting......etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ......etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ..Category: Criminal Law | Date: | Hits: 71
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ...... the trial Court on the ground that the amendment in question would not help settle the real "controversy in issue whether the plaintiff was in possession and then, was dispossessed from the schedule Kha land". 3. Against this backdrop, the plaintiffs, who are appell......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ..Category: Property Law | Date: | Hits: 39
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......t of her share to the plaintiff No. 1 by a sale deed dated 24-4-1949. Then she died leaving behind three daughters, defendant Nos. 30, 31 and Jaigun and brother, Abdul Mazid. Abdul Mazid inherited from his sister a little less than 2 decimals of land. Jaigun died leaving behind one son, defendan......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ..Category: Property Law | Date: | Hits: 48
Golden Re-Rolling Ind. Ltd Vs. Sub Judge, Artha Rin Adalat No. 1 Dhaka & anr, 2008, 37 CLC (AD)
....do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ...... fixed for peremptory hearing on different dates but the defendant did not appear and the suit was ultimately decreed ex-partes for Taka 6,50,30,034.18 to be paid within 90 days with interest @ 14% from 1-4-1997. The defendant filed an application under section 151 of the Code of Civil Procedure ......do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ......do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ..Category: Civil Law | Date: | Hits: 115
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......ated 24-1-2000 passed by the High Court Division in Writ Petition No. 4934 of 1999). Judgment Md. Joynul Abedin J.- This appeal by leave by the writ petitioner is from the judgment and order dated 24-1-2000 passed by a Division Bench of the High Court Division i......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ..Category: Banking Law | Date: | Hits: 157
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
.... stay at the place of occurrence as to give a chance to the witnesses to recognize them, (iii) the recognition of the accused persons by P.W.2 and P.W.6 in the light of the hurricane has not received corroboration from independent or disinterested witnesses. One hurricane has been seized inspite of ......he Local Union Parishad, who went to the hut of the deceased in the morning, P.W.4 is the nephew of the deceased, P.W.6 is the daughter of the deceased, P.W.9 whose house is at a distance of 1/4 mile from the place of occurrence went to the hut of the deceased in the morning, P.W.10 is also brother ......ence passed by the trial Court. The High Court Division on assessment of the evidence and upon consideration of the materials on record arrived at the conclusion that: (i) Corroborative evidence by independent witnesses about recognition of the appellants is lacking, (ii) there is hardly any chanc......principles for the safe dispensation of justice act with perfect propriety when they scrutinize the evidence of persons falling in this category with care, and requires corroboration from independent sources before they accept such evidence as sufficient to establish, beyond reasonable doubt, that t..Category: Criminal Law | Date: | Hits: 44
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ......ale deed. 3. The added defendant Nos. 3 and 4, the respondent Nos. 1 and 2 herein, contested the suit by filing a joint written statement contending that they purchased the suit land from the defendant No. 1 by several sale deeds and the defendant No. 1 then handed over the possess...... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ...... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ..Category: Property Law | Date: | Hits: 41
Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)
....or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ......AD) 121. 2. The petitioner filed the above writ petition challenging the letters dated 20-9-1998 and 27-9-1998, Annexures-F and F-1 to the writ petition by which the petitioner was removed from his service and also the letter dated 12-8-1998 stating, inter alia, that he, on 1-4-1995, was......or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ......or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ..Category: Employment/Service Law | Date: | Hits: 68
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