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Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ...... Involved: Nikhilesh Dutta, Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioners. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1394 of 2003. (From the judgment and order dated 24th June, 2003 passed by the......n of the evidence and the materials on record arrived at a correct decision. The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Meghna PET Industries Ltd and others Vs. Md. Mostafa Kamal & others, 2007, 36 CLC (AD)
....faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ...... Not represented—Respondent Nos. 3-9. (In Civil Petition No. 477 of 2005). Not represented—Respondent Nos. 3-7. (In Civil Petition No. 478 of 2005). Civil Petition for Leave to Appeal Nos. 477-478 of 2005 (From the judgment and order dated 7th & 8th December, 20......faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ......liable to repay the same. 11. In the facts and circumstances of the case and in view of the discussion made above, we are of the view that since Sonali Bank had already approved in its Board meeting dated 7-4-2004 the change of ownership of Meghna Group of Industries in favour of writ-pet..Category: Business or Commercial Law | Date: | Hits: 108
Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)
....l lakhs of rupees for importing Japanese Power trillers and accessories. He opened a letter of credit with the Mercantile Bank Limited, Dacca, for Rs. 7,00,000/- (rupees seven Lakh), for import of power trillers. He placed orders with a firm at Hong Kong, and in course of time, certain consignmen......upreme Court Appellate Division (Civil) Present Syed A. B. Nahmud Hossain CJ Kemaluddin Hossain J D. C. Bhaitacharya J Collector of Customs, Chittagong & anr……………Appellants Vs. ......he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ......he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....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......igh Court Division, Chittagong Bench, in Death Reference No. 2/87 with Criminal Appeal No.122/87 and Jail Appeal No. 123 of 1987). Judgement Shahabuddin Ahmed CJ. - This appeal by special leave calls in question the propriety of the conviction of the five accused-appellants under secÂtions 30......ragraph. 11. In the evening of the relevant day (29.4.84), when he (PW 3) was going to the field he came across Abu Taher who enquired about Zafar's whereabouts and then requested him to arrange a meeting between him and Zafar and that he required his help in the matter. Then at about 8-00 PM he ..Category: Criminal Law | Date: | Hits: 74
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
....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 (......terest of the employee concerned, and as such the affected employee was in the ordinary course, entitled to a prior notice to explain the allegation against him before such an order was passed. By calling an employer’s power of suspension to his inherent or implied power, there cannot be a...... 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
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......p; August 7, 2006. Cases Referred to- 35 DLR (AD) 216; 56 DLR (AD) 53; 25 DLR (SC) 90; 10 DLR (PC) 1; 43 DLR 18; 39 DLR (AD) 2...... submits that report of the Assistant Judge as to destruction of the suit register being not correct since there is no provision for destruction of the suit register and that plaintiffs having not called for the suit register the High Court Division was in error in holding that the suit register......sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 52
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
.... 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......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. ......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. ..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
.... 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......cord in his name since Bipin Chandra had never taken settlement from the ex-landlord, that as Bipin Chandra had no right, title, interest and possession in the land in suit, the plaintiff by his so-called purchase did not acquire any interest in the land in suit, that neither Bipin Chandra nor th......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. ..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
.... 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......rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 36
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....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......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. ......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. ..Category: Election Law | Date: | Hits: 122
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....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......nal Revision No. 603 of 2005 (arising out of Druto Bichar Case No. 11 of 2005) discharging the Rule and vacating the order of stay. 2. In the aforesaid Criminal Revision, the Rule was issued calling upon the Deputy Commissioner, Rajshahi to show cause as to why the impugned judgment and or......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
Dock Workers Management Board Vs. Muhammad Ismail and others, 2005, 34 CLC (AD)
....yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ......ers Md. Rafiqul Islam Mia, Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent Nos. 1-3 Not represented-Respondent Nos.4-6 Civil Petition for leave to Appeal No.742 of 2005 (From the Judgment and Order dated 01.03.2005 passed by the High Co......yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ......t the law was later replaced by the Dock Workers (Regulation of employment) Scheme 1983 and the Government accorded approval of the pay scale of grade-VI for those posts and that in the 30th meeting of the Board it was resolved that the heads of the department of personnel and welfare depa..Category: Employment/Service Law | Date: | Hits: 88
Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)
.... 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. ...... 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 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. ..Category: Property Law | Date: | Hits: 41
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
.... 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...... 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 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. ..Category: Criminal Law | Date: | Hits: 90
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....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)......iled before another Division Bench presided by Mohammad Gholam Rabbani J. and there was delay of 191 days in filing the review application. It appears that in the Review Application Rule was issued calling upon the respondents to show cause as to why the delay of 191 days in filing the review app......extended time to the writ petitioner up to 30.06.1983 to complete formalities to be eligible to apply for license to the Bangladesh Bank and it was also decided by the Council Committee in the same meeting that no further extension of time would be allowed for the purpose. It is also undispu..Category: Banking Law | Date: | Hits: 124
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....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. ......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)
.... 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......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. ......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. ..Category: Property Law | Date: | Hits: 33
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....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......o the presentation of the plaint Order IV rule 1 CPC provides that every suit shall be instituted by presenting a plaint to the Court or such officer as it appoints in this behalf. It does not specifically say or pin-point as to who shall present the plaint. The plaint need not be presented by the p......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. ..Category: Property Law | Date: | Hits: 118
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. ......) 2006, 50. ......5 has consciously avoided to proceed against the appellants in the light of the provision of House Rent Control Act, 1991, rather the Mutawalli chose summary procedure, for eviction of the appellants calling them strangers to and trespassers in the property of the Waqf Estate. 13. The learned Cou......state has got a plan approved from the Municipality for making new construction. 19. The terms and conditions of the agreement of tenancy as quoted hereinbefore clearly make the provision for meeting a situation as likely to arise in the event of implementing the scheme of the Waqf Estate an..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. ......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......rs from the date of cause of action as shown in the plaint and that the suit is barred by limitation cannot be accepted, Further it is stated that the date as has been given in paragraph 13 cannot be called the cause of action in its legal sense because cause of action is the bundle of facts as stat......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. ..Category: Tenancy Law | Date: | Hits: 194
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