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Rahmat Ali Vs. Md. Abdul Gani and others, 2007, 36 CLC (AD)
....the submissions of the learned Advocate for the petitioners. The petition for Leave to Appeal is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 131. ...... We have perused the records and are of the view that though the trial Court partly decreed the suit but the Court of appellate below on consideration of the material on record decreed the suit in full duly affirmed by the High Court Division holding that "the scope of Section 115(1) o......the submissions of the learned Advocate for the petitioners. The petition for Leave to Appeal is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 131. ..Category: Property Law | Date: | Hits: 26
Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)
.... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ...... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ...... respondent has neither availed of the form of appeal or review against such determination of fact by the Chief Controller of Export and Import. 17. In view of the disputed assertion regarding the age of the imports in question the High Court Division exceeded its jurisdiction in embarking upon d..Category: Business or Commercial Law | Date: | Hits: 139
Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)
....tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 115. ......usband's brother Syed Ali Mollah. At the time of her death Syed Ali Mollah was a minor and Ibrahim Mollah used to look after the property of Monor Syed Ali Mollah. Manjony Bewa and Sajen Bewa were full sisters and the father of Monir named Syed Ali Mollah was husband's brother of Manjony Bewa Ma......ct also but the High Court Division totally ignored to record any findings on the said vital points of law and committed errors of law and passed the impugned judgment causing serious miscarriage of justices; that identifications and the manner of possession of 16 C.S. Plots not having been..Category: Property Law | Date: | Hits: 27
St. Electronics (Infer Software Sys.) Pvt. Ltd. Vs. Patimas Intel. Sdn Bhd & ors, 2007, 36 CLC (AD)
....s therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed with observation. Ed. This Case is also Reported in: V ADC (2008) 100. ......rder that the bid offer of the respondent No.1, writ-petitioner, was non-responsive without proper appreciation of the fact that the respondent No.1, writ-petitioner, submitted its bid having fully disclosed in its bid documents that it participated in the bid as an agent of its disclosed p......nal Development Association (IDA) extended a credit in favour of the People's Republic of Bangladesh towards the cost of its Central Bank Strengthening Project. The estimated cost, of the package was U.S. Dollar 4.296 million as reflected in the procurement plan approved by the World B..Category: Business or Commercial Law | Date: | Hits: 110
Md. Asgar Ali alias Asgar and others Vs. State, 2007, 36 CLC (AD)
....d reduced the sentence of the petitioners. There is nothing to interfere. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 897. ......d reduced the sentence of the petitioners. There is nothing to interfere. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 897. ....... 2. Convict petitioners were tried on the charge that they along with other accused on 13 August 1991 being armed with various deadly weapons formed themselves into unlawful assembly and damaged an aile (boundary line) of the land in between the land of accused Asgar and Rafiqul and on ge..Category: Criminal Law | Date: | Hits: 43
Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)
....on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ......rd that Mogol Bibi was an old lady of 90 years. The High Court Division held that it is the settled principle of law that it is necessary to satisfy the court that she executed the documents with full understanding of execution and of the nature and effect of transaction and in the instant c...... Waqf Administrator gave permission to transfer the suit land in her favour is not correct. The High Court Division considering a number of decisions, held that a Mutwalli of a Waqf Estate is mere manager and not ostensible owner. 9. Thus it is clear that Mutwalli has no authority to transfer waq..Category: Tenancy Law | Date: | Hits: 155
Moazzam Hossain Vs. Bangladesh Bank and ors, 2005, 34 CLC (AD)
....er section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ...... for loan of Tk. 51.76 lacs against the A/C of Md. Amanullah though the appellant was merely a guarantor for the loan availed by said Md. Amanullah in the year 1983 and further the said loan being fully adjusted in the year 1989 there was no liability of the appellant against the said loan on th......d 10.5.1999 passed by the High Court Division in Writ Petition No. 3006 of 1998 discharging the Rule obtained against the order dated 17.9.98 (Annexure A) issued by the respondent No.2, General Manager of Bangladesh Bank, the respondent No.1, under section 17(1)(c) of the Bank Companies Act..Category: Banking Law | Date: | Hits: 112
Hemayet Ali Shaikh and others Vs. Ramesh Chandra Mondal and others, 2006, 35 CLC (AD)
....ere is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 866. ...... land on the averments, inter alia, that 10.33 acres of land out of the land recorded in C.S. Khatian No. 140 and 4.31 acres of land recorded in C.S. Khatian No. 280, originally belonged to 3 full brothers, namely, Judu Nath Mondal, Paban Mondal and Gagon Mondal in equal shares; the pl......assed by the High Court Division in Civil Revision No. 1977 of 1994 making the Rule absolute upon reversing the judgment and decree dated 24.4.1994 passed by the learned Additional District Judge, Bagerhat in Title Appeal No. 212 of 1994 allowing the appeal upon reversing those of dated 18.5.198..Category: Property Law | Date: | Hits: 25
Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)
....any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 855. ......e number of complaints regarding the landling of the company's affairs and its finances by the petitioner; further at that time, the petitioner drawing handsome salary, was supposed to act as the full time Managing Director of the company but, as was revealed, he at that time was also working as......orded the names of the above directors with the Registrar of the Joint Stock Companies; than an AGM of the company was called on 13.12.2004 after due service of notices upon the shareholders with the agenda for the appointment of a new Managing Director as there were number of complaints regarding t..Category: Business or Commercial Law | Date: | Hits: 151
S.M. Firoj and others Vs. State, 2006, 35 CLC (AD)
....ense has substance. The impugned judgment does no contain any error at all. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 797. ......d to this court with this petition unnecessarily. Regarding the grounds advanced on behalf of the petitioners it is sufficient to say that the same contain jugglery of coined words, sweet to hear, full of sound and fury signifying nothing. 11. In such view of the matter the submissi......ense has substance. The impugned judgment does no contain any error at all. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 797. ..Category: Criminal Law | Date: | Hits: 47
Md. Sahidul @ Sahidul Hossain Hannan Vs. State, 2006, 35 CLC (AD)
....nce. In view of the discussion made above we find no merit in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 794. ...... submitting, inter-alia, that the instant petition has been filed with oblique motive to delay and drag the disposal of the case as previously also a number of applications have been unsuccessfully filed at the instance of accused persons one after another and that the accused petitio......nce. In view of the discussion made above we find no merit in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 794. ..Category: Criminal Law | Date: | Hits: 64
Abul Hossain and Brothers Vs. Rupali Bank Limited, 2006, 35 CLC (AD)
....e leave-petition. In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ......hey further contended that the defendants by amicable settlement with the plaintiff-Bank agreed to pay Tk.15,00,000/- against the dues of the plaintiff-Bank at Tk. 18,25,000/- and the defendants with full understanding with the Bank authority paid Tk. 15,00,000/-and Tk. 3,25,000/-to the plaintiff-Ba......-1994; and for which the petitioner executed necessary charge documents in favour of the plaintiff-Bank and the defendant-respondent Nos. 3-5 stood as guarantors of the said loan and they also mortgaged the schedule property to the plaintiff- Bank. The defendant-respondents by their negligence..Category: Banking Law | Date: | Hits: 85
Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)
....of the view that there is no error in the said judgment. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ......nce amount of salami stating, inter-alia, that they in good faith paid the amount to the tashilder who did not pay the same in the treasury and that coming to know the fact they paid the amount in full. 11. The trial Court after considering the evidence held: - (Bengali…&he......of the view that there is no error in the said judgment. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ..Category: Property Law | Date: | Hits: 25
Bangladesh Vs. Al-Haj Sanaullah, 2006, 35 CLC (AD)
....correct decision. There is no cogent reason to interfere with the impugned judgment. 8. The leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 770. ......of a preliminary award was paid to the petitioner initially which he received on protest, on gazette notification was made by the Government and hence no final award was made and as such full compensation money was not paid to the writ petitioner. 3. The respondent No.5 entered ......correct decision. There is no cogent reason to interfere with the impugned judgment. 8. The leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 770. ..Category: Property Law | Date: | Hits: 26
Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)
....e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ......e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ......by M/S. Shainpukur Navigation Ltd., a Private Limited Company (defendant No.1) which was coming from Munshiganj upon changing its course wrongly hit the Oil Tanker M.V. Tapash and thereby caused damage to the Tank No.1 and because of bursting of Tank No.1 Kerosene about 42,367 liters valued abou..Category: Admiralty Law or Maritime Law | Date: | Hits: 210
Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)
....shy;ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ......e the informant, PW 1, and also PWs 2,3,4,9 and 15 stating that she, along with the condemned petitioner, killed her daughter deceased Surja Begum and that though PW 2 is the wife of PW 1 and full sister of deceased Surja Begum, but she is also no other than the daughter of condemned prison......shy;ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ..Category: Criminal Law | Date: | Hits: 51
Md. Dewan Ali Vs. Md. Jasim Uddin and others, 2008, 37 CLC (AD)
.... The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 73; 13 MLR (AD) 2008, 198; V ADC (2008) 320. ...... deceased husband Yakub Ali offered to sell the case land to Jasimuddin as it was earlier mortgaged with him. But the pre-emptor Md. Jasimuddin refused to purchase the same. Thereafter, within the full knowledge of the pre-emptor Md. Jasimuddin the case land was sold to the pre-emptee Md. Dewan ......hters and they were necessary parties in the case, but they not having been made parties the case was bad for non-joinder of necessary parties. Saleha Begum in the month of Agrahayan 1397 B.S. mortgaged the case land for Tk. 8,000/- to the pre-emptor Jasimuddin on the basis of an unregistered agr..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Md. Waziullah, 2008, 37 CLC (AD)
.... substance in the submissions of the learned advocate for the petitioner Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 161. ......ice on 15.02.1973 as a constable. Thereafter, in recognition of his unblemished service record he was promoted as Assistant Sub-Inspector of Police on 10.05.1979 and as ASI on 29.02.1984. He successfully completed DTS course in 1988, Renewal Course in 1989, TTS Course in 1996, Prosecution Course ......Police (Acting) which is without jurisdiction and as such it is illegal and void ab initio. 3. The said petitioner also mentioned that he was born on 01.01.1954 and he would reach the normal age of superannuation on 01.01.2011. The impugned order has been passed 8 years earlier to his nor..Category: Administrative Law | Date: | Hits: 120
Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)
.... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ......harge sheet has not yet been submitted which is the result of investigation in the instant case, the genuineness of the document whether it is forged one, which is a moot question to be decided on full dress trial. Therefore, the submissions of the learned Advocate for the petitioners appear to ......submissions, he referred to the decisions in the case of Nasiruddin Mahmud and others vs. Momtazuddin Ahmed and another reported in 36 DLR (AD) 14 wherein it has been held that even at an initial stage a proceeding can be quashed and also the decision in the case of Ali Akkas vs. Enayet Hossain a..Category: Criminal Law | Date: | Hits: 39
Mohammad Ali alias Shanu Vs. The State, 2007, 36 CLC (AD)
....od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ......R. Case No.5629 of 1986. 2. The prosecution case, in brief, is that P.W.2, Abdul Hye was serving in the Saudi Arabia. He brought $5400 from Saudi Arabia and kept it in deposit to his cousin (full khalato bhai), P.W.4, Md. Hanif who gave it to his maternal uncle P.W.1, Abu Taher for exchang......od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ..Category: Criminal Law | Date: | Hits: 40
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