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Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ......the plaintiffs filed Other Class Suit No. 56 of 1974 in the Court of Subordinate Judge (now joint District Judge), Rangpur for declaration of title stating, inter alia, that the suit land belonged to Basanta Kumar, Haladhar, defendant No.1 and Bharat Chandra in 8 annas share and Abbari Barmani i...... who is son of Late Basanta did not come forward to depose in favour of the plaintiffs in support of kabuliyats. The appellate court also observed that the plaintiffs did not make any endeavour to call for originals of the kabuliyats either from Basanta / his son or from the Sub-Registry Office.......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
....980 stands as a bar to an relief because the respondents' appeals are pending before the Chief Justice. The Division Bench opined that it is well settled that the Court returning the plaint has no power to fix time within which it is to be refiled and so it is to be presumed that for this reason......nwarul Islam being dead his heirs; Most. Afroza Begum& others...............Respondents. Judgement July 26, 2004. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General (Faisal H. Khan, Additional Attorney General with him) instructed by B. Hossain, Adv......se submission made before it and the further submission that the High Court Division acting as an appellate court failed to exercise its jurisdiction under Order VII Rule 11 C.P.C. which was specifically invoked by the defendant-appellants before the Division Bench and the further submission that...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 76
Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)
....ave relied upon the said case to non-suit the appellant, that though Government reserves the right to cancel an appointment but that does not mean that the Government will in colourable exercise of power cancel order of appointment which has already become effective without assigning any reason a......ip;………….Appellants vs Kamrul Hasan.........Respondent Judgement July19, 2004. Lawyers Involved: A J Mohammad Ali, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record.- For the Appellants ......into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ......into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ..Category: Administrative Law | Date: | Hits: 123
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
....; property to the plaintiff-respondent is not by way of higher purchaser as contemplated under Rule 10(1)(b) or that the transaction with the plaintiffs was not within the scope of the power of disposal by the said authority. 13. The High Court Division has elaborately dealt ...... vs A. S. M. Firoj Uddin Bhuiyan being dead his heirs Mrs Rosey Firoz and others……... ........Respondents Judgement February 10, 2004. Case Referred to- Central London Property Trust Ltd Vs. High Trees House Ltd, 1974 QB 130. Lawyers ...... per valuation determined by the Valuation Committee. The plaintiff was advised by the defendant No.3, Section Officer, Ministry of Works, to keep fund available for depositing the money when called upon but inspite of repeated requests by the plaintiff, the defendants did not allow the pl...... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 41
Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)
....rd and the Railway being the requiring body, the Ministry of Works had no right to lease out the land in suit to the plaintiff and the alleged transfer was made by the Ministry of Works beyond its power and as such the transfer, if any, has been made is void and thus High Court Division was in e......Title Suit No. 563 of 1987 dismissing the same. 2. The suit was filed seeking decree for permanent injunction. Plaintiff's case in short is that the land in suit and some other land belonged to his father and the same was requisitioned in L.A. Case No. 4 of 1950-51, that the land in suit m......h the other land was handed over to the Railway. It may be mentioned the Railway filed the letter and a map which has compositely been marked as Ext-B. At one stage of the hearing of the appeal we called for the record of the Title Suit No. 563 of 1987 of the 4th Court of Assistant Judge, Dhaka ......wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)
....s required to do i.e. to re-examine the answer script of the writ-petitioner. The learned Counsel for the petitioner submits that provision in Article 102(2) (a) (i) of the Constitution does not empower the High Court Division to make the direction as has been given to the University since it is......ajshahi, represented by the Vice Chancellor............Petitioner Vs Md. Abdul Mannan Bhuiyan and others.......Respondents Judgement June 13, 2005. Cases Referred to- 3 BLC (AD) 45. Lawyers Involved: Md. Abdul Jabbar, Advocate, instructed b......have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ......have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ..Category: Civil Law | Date: | Hits: 97
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ...... Khandker Zillul Bari and others.....Respondents Judgment May 2, 2005. The Evidence Act, 1872 (I of 1872), Section 106 Normally, there is no burden on the accused to offer the reason of death of a person for which he is tried. But the deceased living with the ac...... to the respondents because they now stand the risk of going through the process of another appeal before this Division. On principle, Mr. Huq does not seriously oppose that the impugned judgment calls for an interference in order that the evidence may be reviewed once again upon application o......which leads to an adverse inference under section 114(G) of the Evidence Act. 21. He lastly submits that there is no evidence, even circumstantial, to indicate that the respondents held any meeting prior to the occurrence and did anything in furtherance of their common intention to commit..Category: Criminal Law | Date: | Hits: 129
Government of the People's Republic of Bangladesh Vs. Md. Fariduddin Talukder, 2008, 37 CLC (AD)
....against such Chairman or where on an enquiry by the Government, he is found to be guilty of any misconduct within the meaning of section 12(1) and, in the opinion of the Government, the exercise of power by him as Chairman is either likely to be prejudicial to the interest of the Union Parishad o......ers. Vs. Md. Fariduddin Talukder...................................Respondent Judgment April 21, 2004. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General, instructed by Md. Firoz Shah, Advocate- on-Record- For the petitioners Not r......ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 111. ......ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 111. ..Category: Civil Law | Date: | Hits: 104
....7 of 2007)
Judgment
October 3, 2007.
Hindu Law
Shebait
Binod Behari Dutta ceased to be a shebait of the deity after leaving Bangladesh for India. Therefore, he cannot, by executing a power of attorney, entrust the petitioner to perform the function of the shebait on his behalf……......achan Jieu Thakur & Anr................Respondents (In Civil Petition Nos. 95-96 of 2007)
Biswajit Dutta (Bulu)................Respondent (In Civil Petition No. 97 of 2007)
Judgment
October 3, 2007.
Hindu Law
Shebait
Binod Behari Dutta ceased to be a shebait of the deity aft......utably settled by the decision of their Lordships of the Judicial Committee in Vidya Varvthi Thirtha v. Balusami Ayyar (1), that a shebait is a mere manager of an idol and is almost by courtesy called a trustee, though he does not occupy the position of a trustee as understood in the English......o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
..
Category: Civil Law | Date: | Hits: 111
Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)
....ect of the appellant passed by the Bangladesh Biman Corporation under Regulation 11A(2) of the Regulations is not sustainable as the employees of Biman being public servants only the Government has power to retire them under section 9(2) of the Public Servant (Retirement) Act 1974……...... the appellant passed by the Bangladesh Biman Corporation under Regulation 11A(2) of the Regulations is not sustainable as the employees of Biman being public servants only the Government has power to retire them under section 9(2) of the Public Servant (Retirement) Act 1974……&helli...... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ...... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ..Category: Employment/Service Law | Date: | Hits: 79
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....t give a decision which is binding on the parties. He merely corrects apparent clerical mistakes in the record of right and direct correction of such clerical mistakes. If he is vested with necessary powers, incorporates necessary changes in the record of rights mutating the names when mutation is a......rim J MM Ruhul Amin J Sahera Khatun & others…………………..Appellants Vs. Abdur Rahim SK and another............Respondent Judgment August 22, 2007. Cases Referred to- Idrish All and another vs State 38 DLR 270; Thakur Nirman Singh vs Thakur Lal Rudra Partab Na......try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ..Category: Criminal Law | Date: | Hits: 48
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ............Respondent Judgment August 20, 2007. Result: The appeal is allowed. Cases Referred to- Bhuponi Shahu vs King AIR 1949 PC 257; Lutfun Nahar Begum vs State 27 DLR (AD) 29; Babor All ...... 1997 at about 02-30 hours a dacoity was committed in the house of Subodh Chandra Lashkar, that in the course of dacoity the informant Shubash Chandra Lashkar's father Subodh Chandra Lashkar was critically injured and he succumbed to the injuries inflicted by the dacoits. It was also the case of the......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ..Category: Criminal Law | Date: | Hits: 63
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
....of the appellant) is instructive:— "I am 70-75 years old, Motalib (appellant) is my son and I am looking after his property since his absence. My son is outside Bangladesh. My son executed a power of attorney in my favour for conducting the case. This is the power of attorney signed by my s...... ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Motalib..................…………………...Pre-emptee-Appellant Vs. Iman Ali Mollah and others.....................Pre-emptor-Respondents Judgment March 14, 1990. Result: The appeal is dismissed. The State......ure in the return in presence of witnesses. Nothing has been shown to the High Court Division that the appellant's father was ill and senseless when he received the notice. Hence no interference is called for with the finding of the High Court Division that the appellant was aware of the Rule. ...... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ..Category: Procedural Law | Date: | Hits: 119
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
.... of the tender being submitted by a firm, it must be signed separately by each member thereof, or in the event of the absence of any partner, it must be signed on his behalf by a person holding a power of attorney authorising him to do so, such power of attorney to be produced with the tender ......a Administration Re-Organisation) Ordinance, 1982 (Ordinance No. 59 of 1982) Section 6(2)(f) Considering the evidence that has been adduced in this case it is found that the respondent was a party to a contract with the Upazila Parishad and his pecuniary interest had continued at the time when he......lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120...Category: Election Law | Date: | Hits: 134
Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
.... Ltd. admittedly was a licensee under the Electricity Act and they were generating and transmitting electrical energy in the town of Comilla. After the promulgation of the EPWAPDA Ordinance, 1958 power was conferred upon the authority for transmission of electric energy in the whole province v...... 1982. Result: The Appeal is dismissed. The Income-Tax Act, 1922 (XI of 1922), section 10(2)(vii) In 1962 Amendment, it said for the purpose of sub-section(1) the business will "be deemed to be carried on by Assessee in the year in which the sale, exchange, or acquisition, as the case ma......3. There the accounting year was 1946-47. The Court considered section 10(2) (vii) which was exactly in the same terms as quoted above. 14. The law is completely different and our law was very radically changed in 1962 as mentioned above. In the Indian enactment there was no provision for compu...... its business of the generation and supply of electricity in the town of Comilla, EPWAPDA started parallel electric line. For want of spare parts, etc. the assessee company was facing difficulty in meeting the demands of its customers. The assessee protested against said parallel line but that w..Category: Fiscal/Taxation Law | Date: | Hits: 80
Abdul Mannan Talukder Vs. BD House Building Finance Corporation and another, 1989, 18 CLC (AD)
.... Administrative Tribunal cannot give complete justice to the appellant. This seemingly attractive argument does not stand scrutiny for two reasons. Firstly, the Administrative Tribunal has the full power to give complete relief to an applicant and it may even draw a proceeding of contempt against ......ve Tribunal Act, 1980 (VII of 1981), sections 2 (aa) and 4 Other amendments—Ordinance No. 51 of 1984. Remedy under sections 34, 62 or 64 of the Industrial Relations Ordinance is not available to a trade union leader working in the House Building Finance Corporation. The impugned order of tra......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ..Category: Labour and Industrial Law | Date: | Hits: 111
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
.... section 7 came to the finding that the said section can give the appellant exactly the same remedy which she was praying for in the petition, that the court of settlement has been given the specific power to exclude the disputed property from the impugned list, that the appellant has been given spe......ary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985] Sections 5 (1)(a), and 7 The view of the High Court Division that when a statute devised an alternative forum for giving complete relief to the appellant she could not invoke the writ jurisdiction without exhausting the remedy provided f......dgment and Order dated 13 February, 1989 passed by the High Court Division (Dhaka Bench) in Writ Petition No. 316 of 1986 discharging the rule. 2. The appellant filed the aforesaid writ petition calling upon the respondents to show cause as to why the impugned notification dated 28.4.86 (Annexu......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ..Category: Property Law | Date: | Hits: 54
Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)
....ction 24 Whether the District Judge as Election Appellate Authority can transfer an appeal against the decision of the Election Tribunal to the Additional District Judge in the absence of any such power in the Local Government (Union Parishad) Ordinance, 1983? Held: When the legislature confer......; 29(4) The Code of Civil Procedure, 1908 (V of 1908), section 24 Whether the District Judge as Election Appellate Authority can transfer an appeal against the decision of the Election Tribunal to the Additional District Judge in the absence of any such power in the Local Government (Union Par......trict Judge transferred each of the appeals to the Additional District Judge for hearing and disposal. The High Court Division upheld the impugned orders of transfer. 2. The common question that calls for determination in these two appeals is that whether the District Judge, acting as an appe......ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil Appeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ..Category: Election Law | Date: | Hits: 125
Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)
....ly been set-aside by the High Court Division. In deciding an application under Order IX, rule 13 of the Code of Civil Procedure learned Assistant Judge cannot restore the suit in exercise of inherent power under section 151 of the Code………………………(5 & 6). Lawyers Involved: ...... Judgment April 30, 1989. Result: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), section 151 & Order IX, rule 13 The learned assistant judge has not come to any finding as to service of summons upon the appellants to ascertain due service. So there is no......the submission made by the learned Advocate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74.......the submission made by the learned Advocate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74...Category: Procedural Law | Date: | Hits: 88
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ......Petitioner Vs Arman Ali and others..................Respondents Judgment June 11, 1987. Result: The petition is dismissed. Circumstantial evidence If the witnesses examined to prove the circumstances are found to be unreliable or their evidence is found to be unacceptable ...... Respondent and two others were put on trial in the Second Court of Additional Sessions Judge, Sylhet on the aforesaid charge on the allegations that at about 8-30 p.m. on 31-7-76 the respondents called away deceased Motahar from his house and he never returned, that on the following day brother......ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ..Category: Criminal Law | Date: | Hits: 43
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