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Saiful Hoque Vs. Bangladesh House Building Finance Corporation, 2009, 38 CLC (AD)
....at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 187. ......68;াবেক Benefit পাইবেন।" the learned Courts below committed error of law in passing the impugned judgment which is against the principle of natural justice and as such the same is liable to be set aside. 8. We have hear......at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 187. ..Category: Property Law | Date: | Hits: 53
Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)
....ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ...... the Court was required to deal with the matter in controversy in the context of right and interest of the plaintiff and the contesting defendant Nabisuddin or his heirs and none else. The settled principle of law is that a suit shall not fail for reason of mis-joinder or non-joinder of the part......ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ..Category: Property Law | Date: | Hits: 35
Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)
....application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ......gh Court Division has erred in making the rule absolute and directing the respondent No.4 to proceed with the case inasmuch as it failed to appreciate that writ-petition is not maintainable due to principle of res judicata as the writ petitioner unsuccessfully moved the High Court Division in Cr......ised by an Army Officer, who was on duty at the relevant time in connection with Clean Heart Operation to go to Madhabpur Police Station and to make a G.D. Entry that he was carrying the aforesaid amount in the interest of his safety, security and protection. Accordingly, the writ petitioner wen..Category: Criminal Law | Date: | Hits: 64
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ...... the State 'Acquisition Rules is a misconceived application and not entertainable inasmuch as the said application did not contain any ingredient of any act of fraud and that it is the established principle of law that a mere allegation of fraud is not sufficient and unless the ingredients of fr......and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ..Category: Property Law | Date: | Hits: 67
M/S M. A Salam and Co. Vs. Islami Bank Bangladesh Limited, 2009, 38 CLC (AD)
....nbsp; agreement by paying the decreetal amount. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 797. ......nbsp; agreement by paying the decreetal amount. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 797. ......for the petitioner mainly argued that as per the agreement dated 16th of April, 2006 on the basis of which the execution case was disposed of, the petitioner was at liberty to deposit the decreetal amount within 12 months from the date of judgment i.e. on 15.05.2006 but the respondent file..Category: Civil Law | Date: | Hits: 109
Haji Md. Selim Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 777; 17 MLR (AD) (2012) 249. ......stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 777; 17 MLR (AD) (2012) 249. ......ted 12.06.1998 was very much in force, wherein the Government pursuant to Section 19 of the Customs Act, 1969 exempted the payment of customs duty of the aforesaid Consignments to the extent of the amount exceeding 15%. The demand of the customs authority in the instant cases is based on the SRO..Category: Fiscal/Taxation Law | Date: | Hits: 83
Md. Suman Mia Vs. Falani Begum and others, 2008, 37 CLC (AD)
.... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ...... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ......o sell the same to the plaintiff on 15th Falgoon 1384 B.S. at a consideration of TK.5,000.00 only and the defendant No.1 also received TK.2000.00 as bainapatra on that day out of the consideration amount in presence of Magrab Ali who was an intimate friend of the plaintiff and also negotiated an..Category: Property Law | Date: | Hits: 38
Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 CLC (AD)
....re is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 772. ......easons assigned by the trial Court, reversed the judgment and the findings recorded by the court of appeal below are well reasoned and supported by evidence on record and are based on correct principle of law. 6. We are of the view that the High Court Division on proper consideration......re is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 772. ..Category: Property Law | Date: | Hits: 23
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....e appeals are allowed without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ......tinued as the ad hoc appointees but did not appear before the Public Service Commission at the first examination held in March 1977 pursuant to the amended advertisement, otherwise, under the general principle of seniority provided in Establishment Manual; Volume 1, ad-hoc appointees will continue t......s available at this sate of initial appointment and of promotion. Merely because chances of promotion of the writ petitioner may be said to have bee unaffected by the impugned Rules of 1990 would not amount to denial of equality of opportunity in respect of employment as chances of promotion are n..Category: Employment/Service Law | Date: | Hits: 118
....already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......of Bangladesh reported in 47 DLR 515 and in the shaping case reported in 39 DLR (AD) 85 and in the case of the Managing Director, Dhaka WASA reported in 51 DLR (AD) 56, which case also deals with the principle of the legitimate expectation, and also the case of the Managing Director, WASA reported i......0,55,12,076.55 (Tk. Ten crore, fifty five lac, twelve thousand and seventy six and paisa fifty five only). In this regard it would also be incumbent upon the respondents to refund the earnest money amounting to Tk. 23, 00,000/- (Tk. Twenty three lac) paid by the petitioner and already enchased by ..
Category: Civil Law | Date: | Hits: 212
A.T.M. Nasiruddin & ors Vs. Abdul Khaleque being dead his heirs: MA Malek & ors, 2009, 38 CLC (AD)
....e review petitions the petitioners in fact are seeking rehearing which is not permissible in review. The review petitions are dismissed. Ed. This Case is also Reported in: ......120 of 1987, found that the petitioners are habitual defaulters. The defendant/petitioners contested case and filed written statement contending that the suit is not maintainable and barred by the principle of waiver, acquisance, estoppel and limitation and that the plaintiff, the predecessor of......and they took the signature of Abdul Khaleq in a blank stamp for business purpose and giving Tk.20,000/- to him they also took his signature on a rent receipt assuring that they will take back the amount given to him and the petitioners also gave him a photocopy of typed stamp to him and request..Category: Property Law | Date: | Hits: 48
Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 CLC (AD)
....there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ......there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ......idering the facts and circumstances, the issues involved and also misconstruing the provisions of forfeiture of the earnest money in case of failure of the auction purchaser to deposit balance 75% amount within 10 days from the acceptance of the auction tender as provided in section 33(2) of the..Category: Civil Law | Date: | Hits: 88
Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)
....ns and so there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ......ns and so there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ......tainable under section 21(a) of the Specific Relief Act and the High Court Division committed error of law in directing the petitioner No.1 to pay a solatium of Tk.4,50,000 over and above the loan amount of Tk.3,50,000 in an arbitrary manner without any justification or evidence as to how such s..Category: Property Law | Date: | Hits: 28
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
.... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ......dence, it may be dispensed with in certain circumstances. 208. However the Evidence Act, 1872 is a procedural law and at the same time is an ongoing statute. According to Francis Benion, the principle of interpretation of an ongoing statute should be that Parliament intends the Court to ap...... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ..Category: Criminal Law | Date: | Hits: 272
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ......udge must consider the opinions of his two colleagues and then give his own opinion but to equate the requirements with appeals against acquittals is not justified by provisions of S. 429 or by principle or precedent.” 479. In the case of Babu –Vs- State of ......der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ...... reading between the lines and looking beyond what meets the eyes. The Chief Executive of the state must bear faith and allegiance to the Constitution. It demands not only belief in constitutional principles but a loyalty and devotion akin to complete surrender to the constitutional beliefs. Thi...... is not illegal by illegal means, such an agreement is designated a criminal conspiracy.” A proviso has been added which provides that no agreement except an agreement to commit offence shall amount to conspiracy. Therefore, it is apparent that a prima facie case of conspiracy has to be es..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ......a matter of grace, but as of right, because the prosecution has not proved its case beyond reasonable doubt. I do not dispute the statement of law argued by the Federal Court. These are established principle of law for the administration of criminal justice. In this particular case, I find that ...... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....High Court Division we do not find any infirmity of the kind calling for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ......suit in the name of the plaintiff, the record has been wrongly prepared in the name of some other persons who had no right, title and interest in the land in suit. 5. The suit was contested by the principle defendant/defendants by filing written statement denying the material averments made in th......High Court Division we do not find any infirmity of the kind calling for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ..Category: Tenancy Law | Date: | Hits: 176
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ......ivision should have allowed their appeal. 28. The learned Counsel for the Sangstha defending its case against the directors argued that the directors being agents of the company, the general principles of the law of principal and agent regulate the relationship of the company and its direc......, Dhaka on 28-9-1983 which subsequently, on transfer to the Court of the Subordinate Judge and Commercial Court No. 2, Dhaka, was renumbered as Misc. Case No.13 of 1984, for realisation of its dues amounting to Taka 68.46 lakh including compensation. In that proceeding Tapashee Shipping Lin..Category: Business or Commercial Law | Date: | Hits: 311
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....ill dismiss the review petitions. Order of the Court The Review petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ......r the payment of Zakat was wholly and exclusively for the purpose of business of the petitioner and not with the religious and moral aspects and consequences of 'Zakat'; that according to the principles of Islamic Shariah and the Memorandum and Articles of Association, the petitioner, ......nt holders, who pay 'Zakat,' is under obligation to pay the same in the light of the principles of Islamic Shariah and the Memorandum and Articles of Association of the Bank and, as such, amount expended on account of 'Zakat' wholly and exclusively for the purpose of conducting its..Category: Fiscal/Taxation Law | Date: | Hits: 145
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