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Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
.... the plaint. This is a glaring example of non-application of mind to the facts of the case by the learned Judges of the High Court Division. 9. Amendment of a plaint can be allowed in the discretionary power of the Court and such discretion is required to be exercised judicially and not......This is a glaring example of non-application of mind to the facts of the case by the learned Judges of the High Court Division. 9. Amendment of a plaint can be allowed in the discretionary power of the Court and such discretion is required to be exercised judicially and not in an arbitr......ffs. The plaintiffs thereafter filed an application under Order VI, rule 17 of the Code of Civil Procedure for amendment of the plaint by incorporating a prayer for partition as an alternative to the prayer for eviction and also for addition of two persons as defendants. The trial ......and then, was dispossessed from the schedule Kha land". 3. Against this backdrop, the plaintiffs, who are appellants before us, filed the civil petition for leave to appeal. Leave was granted in the following terms: "Whether the proposed amendment does change the..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. ......respective building for a long time obviously amicably, but by filing the suit for partition, plaintiffs threw a stone in the still water causing claims and counter-claims. A court has an inherent power to refuse to divide the property by metes and bounds as the relief for partition is an e...... Judgment August 2, 2007. Partition An amicable arrangement is no partition in the eye of law. A co-sharer in possession of land less than his share is always entitled to pray for partition by bringing a suit in a court of competent jurisdiction and if his claim is ...... First Appeal No. 47 of 1994. The High Court Division heard all the three appeals analogously and by the impugned judgment disposed of all the appeals as noticed earlier. 5. Leave was granted to consider the submission that the High Court Division erred in law by relying exclusively..Category: Property Law | Date: | Hits: 48
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......sion has not given any decision as to Clause 17 of the lease deed under which the Government is authorised to lease out the mineral resources found beneath the surface and other than that it has no power to allow any person to collect ordinary sand from the so-called Balumohal of the tea estate,......ted company and carrying on business of plantation, cultivation, production and processing of tea and other allied products, the appellant and the Deputy Commissioner, Habiganj entered into an agreement on March 19, 1988 and thereof the appellant was granted lease of Chundeecherra Tea ......7 of 1998 discharging the Rule. 2. The writ petition was filed impugning Memo No. AJRPOHO/Revenue/JA:MA/14/6/ll/ 981958 dated 1-11-1998 issued by the respondent No. 2 purportedly granting lease of Balumahal located within the writ petitioner's Tea Estate (Annexure "A"..Category: Property Law | Date: | Hits: 43
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. ......jurisdiction of the civil court including the High Court Division under section115 of the Code of Civil Procedure. However, the aggrieved party can invoke writ jurisdiction under Article 102 as the powers conferred on the High Court Division under the said Article cannot be taken away or abridge......ust 1, 2007. The Constitution of the People’s Republic of Bangladesh, 1972, Article 102 The Artha Rin Adalat Ain, 1990, Sections 6(1) and 7 An interlocutory order of the Artha Rin Adalat is final and conclusive and the aggrieved party cannot invoke r......hat writ petition is not maintainable against an interlocutory order of Artha Rin Adalat but a revision under section 115 of the Code of Civil Procedure is maintainable. 4. Leave was granted to consider the submissions that the learned judges of the High Court Division we..Category: Banking Law | Date: | Hits: 157
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......iqul Islam Khan...............................Petitioner (In all cases.) Vs Mohammad Hanif & ors....................Respondents (In C. P. No.746 of 2007) Nawab Katara, (Nimtoli) Dhaka and other………Respondents (In C.P. No.745 of 2007). M. Rafiul ......ed by the petitioner to the respondent No. 2 within one month from the date of receipt of the order. Thereafter, and upon an application by the respondents to that effect, that Court on 30.07.2005 granted the respondents a month's extension to consider the aforesaid representation dated 12.06.20..Category: Trust/Waqf Law | Date: | Hits: 199
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......e or destruction of property, it requires to be proved that not merely the plaintiffs interest but for the interest of all the parties in the suit the property concerned needs to be protected; the power to appoint a receiver as conferred by Order 40, rule 1 CPC should therefore be sparingly used...... M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Md. Salahuddin Khan.............................................Petitioner Vs. Most. Halima Akhter Khatoon and others…................Respondents Judgment April 19, 2007. L......ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 36
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......f the plaintiff leaving behind one Jamini Bala as his only legal heir and successor but one Narayan Chandra Das substituted in the plaint who ever failed to depose in the suit and he never gave any power of attorney to Ganga Moni to depose in the suit but one Ganga Moni Das, daughter of Ganga Cha......li Sardar, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- Record-For the Petitioners Mahmuda Begum, Advocate-on-Record-For the Respondent Civil Petition for Leave to Appeal No. 1432 Of 2004 (From the judgment and order dated the 17th July, 2004 passed by ......of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 28
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ......ion 2D of the Companies Act but the learned Judges have lost sight of the said provision in the case of British India Corporation Co V Mengies that under section 95 of the Companies Act, no inherent power could be resorted to ever for any relief by the Company Judge, for the Company Court could no......out of the impugned judgment and order dated 11th December, 2001 passed by the learned Company Judge of the High Court Division dismissing the Company Matter Nos.79 and 86 of 2001 holding the same to be not maintainable in the Company Court rejecting an application for direction upon the respond......ct. Section 95 does not specifically provide jurisdiction to this Court. Therefore, the only remedy available to the petitioners is the Civil Court and not this Court." 6. Leave was granted upon the submission of the learned Counsel as to whether considering the application..Category: Business or Commercial Law | Date: | Hits: 147
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....mity 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: 60 DLR (AD) (2008) 9. ...... The Constitution of the People’s Republic of Bangladesh, 1972, Article 42 The East Pakistan Ordinance, 1970 (XXIV of 1970), Section 5 When the Government in exercise of power under section 5 of the Ordinance XXIV of 1970 issued notice for eviction of the petitioner as...... ......mity 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: 60 DLR (AD) (2008) 9. ..Category: Property Law | Date: | Hits: 37
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ......8 of the Constitution. 8. The High Court Division, however, upheld the constitutionality of the impugned Act. It was held that the Act was passed by the Parliament in exercise of its legislative power under Article 65(1) of the Constitution and that as the Society was never formed by citizens i......etary, Ministry of Law and Justice & others........Respondents Judgment January 30, 1990. Result: The appeal is dismissed. The Constitution of Bangladesh, 1972 (as amended up to date) Articles 38 & 102 Though membership to the Society is open to all citizens of Bangla...... government." Words and Phrases-Permanent Edition. Volume-5A, page-31. "Corporation is that which the civilian call universitatem or collegium and is a body politick authorised to take and grant, having a common seal, &c. These are constituted either by prescription, by Letters Pa..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......second part of the observation, obviously because there is no complaint that any provision of the Election Law has been violated by the Returning Officer 'or the Nirbahi Officer in exercising their power to reject the nomination paper. The learned Single Judge has relied upon the first part of the......ment February 8, 1990. Result: The appeal is allowed. The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), section 26 Section 26 of the UP Ordinance has put a clear bar to determination of an election dispute by any court except the Election Tribunal. Secondly, the who......sly filed an application for temporary mandatory injunction for giving all those reliefs. The learned Assistant Judge, by her order dated 18 February, 1988 issued a temporary mandatory injunction granting these reliefs namely, the Returning Officer was asked to cancel the uncontested election of..Category: Election Law | Date: | Hits: 173
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ......different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ......t: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Shubra Nandi Majumdar……………………………................Appellant Vs. Begum Mahmuda Khatoon.....…………………………….....Respondent Judgment November 27,1989. Resu......ing the order passed by the District Delegate and First Court of Subordinate Judge, Chittagong in Probate Case No.186 of 1986 allowing the prayer for adding the respondent to contest the prayer for granting of probate. 2. Facts as follows:— One Sarat Kumar Kanungoo made a Will on 19th March, ..Category: Property Law | Date: | Hits: 80
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......s and Urban Development of the Government of Bangladesh being impleaded as respondent No.1 and although Mr. Qazi Shafiuddin, the learned Assistant Attorney-General, has entered appearance and filed power on behalf of the Ministry, according to the learned Assistant Attorney-General notwithstandi...... dead his heirs Shamsun Nahar & others (in both the appeals) ……...Appellants Vs. Bangladesh and Others (in both the appeals)................................Respondents Judgment October 31, 1989. The Bangladesh Abandoned Properties (Management, Control and Disposal) Order, 197......ment and order dated 25th June, 1986. 2. The appellant, Dr. Syed Matiur Rob died during the pendency of these appeals. His heirs are substituted. The appellant's father, late Syed Mojibur Rob, a migrant to this country, served as a Deputy Inspector-General of Police and retired from service in 19..Category: Property Law | Date: | Hits: 32
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ......ument under Order 7, Rule, 14 of the Code of Civil Procedure, 1908 us quote the same which is as follows:- “14. (1) Where a plaintiff relies upon documents in his possession or power as evidence in support of his claims, he shall produce them in Court when the plaint is pr......ument under Rule 14 of Order VII CPC has no manner of application in considering the petition under Order VII Rule 11 of the Code. Nor on point of maintainability of the suit, the plaint is liable to be thrown away in limine as the question may be agitated in framing an issue to the point. Ther......ty the suit is, barred under Section 56(k) of Specific Relief Act. Let us quote section 56(k) of the Specific Relief Act which runs as follows;- "56. An injunction cannot be granted- (k) Where the applicant has no personal interest in the matter." ..Category: Property Law | Date: | Hits: 33
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....he learned Counsel for the petitioner in assailing the judgment of the High Court Division submitted that the said Division without noticing the fact that the lower appellate court exercised its discretionary jurisdiction in condoning the delay without having sufficient facts and thus was in...... the appeal as against the judgment and decree dated August 14, 1991 of the 1st Court of Assistant Judge, Dhaka. The learned Advocate for the petitioner has submitted that while a Court exercises its power upon assigning reason the reason so assigned is required to be based on fact. The contention s...... represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others............... Respondents Judgment May 9, 2006. Cases Referred To- Ata Ullah Malik vs. The Custodian of Evacuee Property, West Pakistan Karachi and others, 16 DLR (SC) 298; Lyallpur vs. Ch. Faq......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 205
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
....d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ......d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ......ation (BJMC) since 23.02.1981. By a letter dated 07.01.1998 respondent No.1 re-fixed the salary of the petitioner at a basic pay of Tk. 470/- With effect from the date of his joining and asked him to pay back Tk.90,322.50/- said to have been overpaid to him during the period from 23rd February 1......person in the service of the Republic and that consequently his remedy lay before the Administrative Tribunal and accordingly writ petition was held to be not maintainable. 5. Leave was granted to consider the submission that the writ petitioner being an employee of an industrial ente..Category: Employment/Service Law | Date: | Hits: 84
Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)
....t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ......t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ......awyers Involved: M. A. Samad, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Not represented-Respondent Criminal Petition for Leave to Appeal No. 192 of 2003 (From the Judgment and Order dated 30.04.2003 passed by the High ......t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 30
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......as found lowest among the valid tenders and accordingly the appellant Bank was taking necessary steps to issue work order in its favour. But suddenly at the intervention and undue influence by some powerful quarters in the Ministry of Finance the invalid tender of respondent No. 3 was accepted b....... Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Appellants. Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1-2 K. S. Nabi, Attorney General and Mahmudul Islam, Senior Advocate-Amicus Curiae. Not represented...... and 2 are here by restrained from issuing the work order in favour of the defendant-opposite party No. 3 for minting and supply of finished Bangladesh 5 Taka coin. 4. Leave was granted to consider whether the High Court Division was right in invoking its inherent powers under..Category: Civil Law | Date: | Hits: 119
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ...... view the respondent No.1 was made a partner of 30% share of the said business of the petitioner and thereafter the parties executed a partnership deed on 12-12-2002; the petitioner also executed a power of Attorney on 28-12-2002 in favour of respondent No.1 and appointed him as his Attorney in o...... No. 2 Judgement: Syed JR. Mudassir Husain CJ.-This Criminal Petition for leave to appeal is from the judgment and order dated 01.09.2004 passed by a Division Bench of the High Co......din Ahmed, the learned Counsel for the petitioner with regard to the provisions of 516A read with Section 517(4) of the Code the Criminal Procedure deserve consideration. Accordingly, leave is granted. 11. Preparation of paper book is dispensed with as prayed for. Stay granted ea..Category: Property Law | Date: | Hits: 31
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......legal and collusive practice. 7. It has been lastly argued by the appellants that section 21 of the General Clauses A. T. authorizes an authority to make an order and it also authorises power to cancel the same. 8. Md. Nowab Ali, the learned Advocate-on-record appearing for the...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed J. R. Mudassir Husain J Abu Sayeed A hammed J Chief Engineer Dredger directorate, Bangladesh Water Dev. Board, Narayangonj and others……………...... entitled to get scale of Tk. 470-1135 and as such these two appeals are heard together and are disposed by this single judgment. 2. The Civil Appeal No. 99 of 1998 arises out of leave granted in Civil Petition No. 268 of 1988 from the judgment and order dated October 27th, 1997 Pass..Category: Employment/Service Law | Date: | Hits: 55
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