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Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....aragraph 7 reads as follows: "Before proceeding to deal with merits it may be pointed out that though Article 136 is worded in very wide language, the power of inÂterference under this Article is discretionary and according to the established practice, normally, when the High Court believes the ......fluence, that it was got recorded by the Executive Officer of the Upazila (UNO) purposely avoiding the Upazila Magistrate-in-Charge, namely the Munsif Magistrate. The UNO no doubt was vested with the powers of a Magistrate, First Class, and as such he is competent to record statements of witnesses u......f 1898), section 164 The Evidence Act,1872 (I of 1872) Sections 157 & 5 The statement of a witness recorded under section 164 of the Code of Criminal Procedure is meant for binding him down to the statement made during investigation and in the case of any glaring inconsistency amounting to...... Division is normally the last Court of appeal, excepting the cases covered by clause (2) of Article 103 of the Constitution. In othÂer matters appeal will lie to the Appellate Division only when it grants leave to appeal. By practice this Division does not interfere with a finding of fact, more so..Category: Criminal Law | Date: | Hits: 74
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
.... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ......pplication of mind and as such without legal authority. The learned Judges of the High Court have, thereafter, preceded to hold that it being stated that various monetary irregularities, misuse of power and misappropriation of funds had been prima facie proved and the petitioner having rushed to...... Chairman, Bangladesh Agricultural Development Corporation & ors ……..…………. Respondents Judgment August 31, 1977 Cases Referred to: Syed. Md. Sakk Vs. Bangladesh (1975)27 DLR 328; P. R. Nayek Vs Union of India, AIR 1972 (...... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ..Category: Employment/Service Law | Date: | Hits: 79
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ...... Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. AKM Shahidul Huq, Advocate-on-Record—For Respondent Nos. 1-3. Not represented—Respondent Nos. 4-19. Civil Petition for Leave to Appeal No. 1716 of 2005 (From the Judgment and Order dated March 14, 2005 passed by the High C......d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 156
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ...... submitted that his purpose would be served if the first part of the decree i.e. "appeal is allowed .and the impugned judgment and decree are set aside" is maintained. As to the extent of power of the Court to grant relief in the light of the provision of Order VII, rule 7 of the Code ......n of the judgment of the High Court Division reads as follows: "In the result this appeal is allowed and the impugned judgment and decree are set aside. The appellant is directed to pay Taka 4, 00,000 together with 6% interest thereon from 28-4-93 to the respondent No.1 and th......plaintiff's prayer for confiscation of the earnest money and for return of the amount received as rent from the land in suit is not legally well founded and, as such, the relief so sought cannot be granted, that it will be consonant to justice if plaintiff is directed to return the earnest money..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ...... provision of section 143 of the State Acquisition and Tenancy Act does not authorise the Revenue Officer "to correct Khatians which affects the question of title or possession to land. It has power only to correct Khatian if it has been made as a result of bonafide mistake.........More......king declaration that the order dated June 30, 1983 passed by defendant No.1, Additional Deputy Commissioner(Revenue),Rangpur in Miscellaneous Case No. 37 of 1981-82 declaring the land appertaining to RS Khatian No.7 as khas land is void, illegal, inoperative and without jurisdiction, 3. T......ring 3.30 acres of CS khatian No.6, corresponding the RS khatian No.7, belonged to Bibi Ummat Johara and others and the said landlords settled the land in suit with Bipin Chandra in 1350 BS by granting Dakhila, that said settlement holder Bipin Chandra possessed the land in suit upon paymen..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....Code. 8. Mr. Akram Hossain Amin, learned Counsel appearing for the appellants, has contended that the power of amendment which the trial Judge possesses under order 6, rule 17 of the Code is discretionary and that the learned Subordinate Judge having exercised his discretion to refuse the ...... Case No. 494 of 1973) Judgment D. C. Bhatracharya J —This appeal by special leave is against a judgment of a Bench of the High Court Division, setting aside, in exercise of the powers under section 115 of the Code of Civil Procedure, an order made by the first Court of Subord......lip;……..Respondents Judgment June 27, 1977. Lawyers Involved: Akram Hossain Amin, Advocate — For the Appellants. Sultan Hossain Khan, Deputy Attorney-General, with B. B. Roy Chowdhury, Assistant Attorney-General, instructed by S.S. Hoda, Advo......on the basis of their settlement and long standing possession and realised rent from them, but that the Board of Revenue, by a notice dated 15 6-67 purported to cancel the recognition already granted to the plaintiffs and their predecessors. 3. The respondent filed a written statemen..Category: Property Law | Date: | Hits: 36
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. ......al to another Election Tribunal, and the Tribunal to which the petition is so transferred shall proceed with the trial of petition from stage at which it was transferred.” 6. The power to transfer election petition from one Tribunal to the other as provided in section 28 of the......ter alia that the polling station was set up at a place which was under the control of the appellant and that the appellant entertained the Presiding Officers at his residence on the night previous to the date of election and that the Presiding Officers did not show empty ballot boxes to the pol......h the petitions were dismissed by the Tribunal and the appellant did not further participate in the proceeding and the judgment was delivered by the Tribunal as mentioned above. 4. Leave was granted to consider the interpretation of section 28 of Local Government Ordinance, 1976 and for e..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. ......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. ...... Baitul Mukarram…………..Appellant Vs. Taxation Officer and another……….Respondent Judgment June 2, 1977 Cases Referred to: Parsu Dhondi Vs. Trustees of the Port, Bobbay, AIR 1930 Bombar 44; Commissioner of Taxa......hen Dacca High Court claiming exemption from payment of Tax under section 6(a) of the said Act. The learned Judges of the High Court dismissed the Writ petition summarily and special leave was granted by a Bench of the Supreme Court to consider as to whether the appellant must be in occupat..Category: Fiscal/Taxation Law | Date: | Hits: 90
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. ......ust decision of the case. 6. In elaborating his submissions, he referred to the provision of Section 540 of the Code of Criminal Procedure and argued that the said provision gives wide power to the trial Court to recall witnesses for ends of justice and for fair trial in the e......For the Petitioners. Mansur Habib, Advocate, instructed by Mahmuda Begum, Advocate-on-Record-For Respondent No.2. Not represented- Respondent No.1 Criminal Petition for Leave to Appeal No. 251 of 2005 (From the judgment and order dated 18th July, 2005 passed by the H......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
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 suit land. For that the learned Single Bench of the High Court Division erred in holding that the suit for permanent injunction was not maintainable and in exercising inherent power of the court." The petitioners are also permitted to prepare paper book ......ioners Vs M/S. Hamid and sons Ltd. and others .....................................Respondents Order June 15, 2005. Lawyers Involved: A. J. Mohammad Ali Attorney General, instructed by (Md. Ahsan Ullah Patwary, Advocate-on-Record- For the Petitioners. ......ugned judgment and so the petition is liable to be dismissed. 6. In view of the above the submissions made by the learned Attorney General merit consideration. Leave is therefore granted to consider the following grounds: “For that the Single Bench of the High ..Category: Property Law | Date: | Hits: 41
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. ...... in law setting aside the order of further investigation passed by the Chief Metropolitan Magistrate in view of the provisions of the Section 173(3B) of the code of Criminal Procedure which empowers the learned Magistrate to order further investigation. 4. The director General o..........................Appellant Vs A. K. M. Saiful Islam.......................Respondent Judgment November 21, 2005 Lawyers Involved: Golam Kibria, Deputy Attorney General, instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Appellant Md......vision in Criminal Revision No.672 of 1998) Judgment: Syed J. R. Mudassir Husain CJ : This is an appeal by the State arisen out of the leave granting order dated 12-07-2000 passed by this Division in criminal petition for leave to Appeal No..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. ...... 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. ......ation that the deed of exchange dated March 21, 1993 is not a deed of exchange but a deed of sale. 2. It is the case of the plaintiff that the land in suit i.e. land of plot No. 61 belonged to Barkatulla Tarafder who transferred the same to his wife Ayesha Khatun. The plaintiff and his br......ansaction in question has been resorted to only to defeat the right of pre-emption of the plaintiff and his brother. Section 91 of the Evidence Act provides that when the terms of contract or of a grant or of any other disposition of property have been reduced to form of a document and in all ca..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. ......der Bank Companies Act, 1991, Accordingly vide Annexure-Q, (the impugned Annexure in the writ petition) the Bangladesh Bank informed that under section 31(1) of the Banking Companies Act, 1991 the power of issuing license to start banking business lies with the Bangladesh Bank and section 27(1) ......, the main Sponsor/ Chairman of Sundarban Bank International Ltd. (Proposed) challenging legality of the Memo No. BCD (P) 744/20-2074/91 dated 22nd December 1999, of the Bangladesh Bank (Annexure-Q to the writ petition) wherein it was observed that the Sundarban Bank International Ltd. (Proposed)......writ petition) within 6(six) months from date so that Sundarban Bank International Ltd. (Proposed) can apply to the Bangladesh Bank for license to commence its banking business. 6. Leave was granted to consider the submission that the declaration sought for is the declaration relating..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. ......ntested the writ petitions by filing separate affi-davits-in-opposition. Their contention in substance was that the Government had passed the impugned orders of retirement in exercise of powers under section 9(2) of the Act as the writ petitioners had completed 25 years of service unde......din Mahmood, Senior Advocate (M.A. Tareq, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellant. (In C.A. Nos. 30 & 32 of 1999) Mahmudul Islam, Attorney General, instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Appellant (In C.......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
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. ...... bad for non-joinder of necessary parties, causing miscarriage of justice." and the nest submission that "while exercising its revisional jurisdiction the High Court Division has no power, authority and jurisdiction to interfere with the concurrent finding of facts of the cou...... Present: Md. Ruhul Amin J M.M. Ruhul Amin J Jobeda Bewa & others ..........Appellants Vs Md. Abdur Razzaque ............Respondent Judgment October 19, 2006 Lawyers Involved: Lutfor Rahman Mondal, Advocate, instructed by Md. Na......peal. Being aggrieved the plaintiffs moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division upon hearing made the Rule absolute. 5. Leave was granted to consider the submission that "considering the proven facts, circumstances and ..Category: Property Law | Date: | Hits: 33
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. ......he Small Cause Courts Act, 1887 (IX of 1887) Section 15, Article 3, Second Schedule Practice & Procedure It was manifestly wrong for the SCC Judge lo hold that because of the failure of the power of attorney there was no cause of action for the suit. As per the plaint it is abundantly clea......ourt Appellate Division (Civil) Present: Shahabuddin Ahmed CJ M H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Anath Bandhu Guha & Sons Ltd. through its AtÂtorney Md. Sirajul Huq........…………Appellant Vs. Babu Sudhangshu Shekhar Halder.……â...... of canÂcellation of validation dated 12.1.89 and obtain a declarÂatory decree to that effect. The SCC Court has no jurisÂdiction to give such declaration, the learned Judge held. 7. Leave was granted to the plaintiff-appellant to consider whether the plaint was rejected upon misÂconception ..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 apÂpeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......gment and decree as they are. In view of the discussion above, both the apÂpeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......section 96 (3) & Order II, rule 2(2) The Evidence Act, 1872 (I of 1872), section 115 The Limitation Act, 1908 (IX of 1908), First Schedule, Articles 11(1) & 95 The plaintiffs elected to relinquish all the reliefs except one by amendment of the plaint so they are bound by the princip......course of hearing has been described by her learned counsel" as an act of breach of faith", herself came up with a prayer for leave to appeal against the same judgement as a counter-measure which was granted on August 30 1989. Defendant No.4 now questioned the propriety of the finding made by the Hi..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is disÂmissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ...... order as to costs. Order of the Court. By the majority decision, the appeal is disÂmissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ........................Respondents Judgment January 22, 1990. Result: The appeal is disÂmissed. The Evidence Act, 1872 (I of 1872), section 102 When the plaintiff produces from his custody an agreement signed by defendant who admitting the signature gives out an alternative story as ......ice was fixed at Tk. 2,50,000/-. The apÂpellant made a payment of Tk. 10,000/- in cash by way of earnest money. Defendant No. 1, by way of accepting the said amount, asked her son defendant No. 2 to grant a receipt for the same as she was physÂically infirm. Accordingly, defendant No.2 granted a r..Category: Property Law | Date: | Hits: 50
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ......ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ......) 2006, 50. ......be said to have been made without lawful authority and as such we do not find that the Administrator of Waqfs committed any illegality in issuing the aforesaid Memo, dated 10.6.2002". 6. Leave was granted to consider the contention of the appellants that the High Court Division was in error in fa..Category: Trust/Waqf Law | Date: | Hits: 228
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......e with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent Nos. 1-5. Not Represented- For Respondent No. 6-8. Civil Appeal No. 264 of 2001 (From the judgment of 23rd October, 2000 of the High Court Division in Civil Revision No. 898 of 1995). Judgment Md. Ruh......ir purchase got their names mutated and paid rent and in the R.S. khatian their names have been duly recorded, that Chinta Haran Roy, who is prosecuting the suit on the basis of the Power of Attorney granted by the plaintiff and the defendant No.5, for the purpose of grabbing the property in suit ha..Category: Tenancy Law | Date: | Hits: 194
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