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Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......t Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Abu Alam ...........................Appellant Vs Zarina Begum and others..............Respondents Judgment July 5, 2006. Lawyers Involved: ...... so purchased from Abdul Hamid to the plaintiff on May 12, 1978 and since then plaintiff is in possession of the land in suit, that defendant Nos. 1-9 tried to purchase the land without paying the proper price but having failed to purchase the land in suit the defendant Nos. 1-4 out of vengeance......pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 42
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
....e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. .......................................Petitioner Vs Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Shipping, Bangladesh Secretariat, Dhaka and others.... Respondents Judgment November 29, 2006. Lawyers Involved: ......e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ......legality of the Memo, giving current charge of the post of Chief Engineer and Ship Surveyor of the Department of Shipping to the Respondent No. 5. The said matter being the subject matter for adjudication by the Administrative Tribunal, relief sought as against the said matter was not avail..Category: Employment/Service Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
.... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ...... M.M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Mahfuzul Hoque, Golam Mostafa, Abul Kalam, Abdul Matin, Md. Shahid, Ujjal Chowdhury, A. Rahman, M/s. Hasan and Company, M/s. Asgar Oil Mills Ltd. M/s. F. Rahman Oil Mills Ltd., M/s. Universal Trading, Rahi...... 11. Usually invoice value is the basis of assessment of custom duty but in order to prevent under-invoicing and over-invoicing by the importer or exporter either in a bid of avoid payment of proper duty or smuggle out foreign exchange, section 25(7) has been introduced providing power vest...... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 107
Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)
....ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ......petition is dismissed. Ed. ......or the petitioner could not point out any such misreading/non-reading of evidence or non-consideration of evidence/ materials on record. 8. We are of the view that the High Court Division on proper consideration of materials on record arrived at a correct decision and there is no cogent re......ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
.... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ......ed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mokbul Hossain (Md) ...............Appellant Vs. Government of Bangladesh and others..................Respondents Judgment August 9, 2006. Cases Referr......anj were also returned without payment. 8. The Administrative Tribunal allowed the appeal in part allowing his salary for the period he actually served after reinstatement in service by the proper authority but dismissed his prayer for arrear salary. The Administrative Appellate Tribunal ...... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 132
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ...... Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Khan Md. Firoj Kabir...................................Appellant Vs. Rupali Bank Ltd. and others... ...................Respondents Judgment March 12, 2006. Cases R......nt and that in a large majority of cases the trial Courts invariably fix cases for ex parte hearing if the defendant fails to file written statement and such fixing for ex parte hearing is not proper because a case can be fixed for ex parte hearing only under Order IX, rule 6 and Order VIII,......nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 120
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ......sion Judgment in Review Petition Here. Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Arif A. Shekha and others............................Appellants Vs. Secretary, Ministry of Industries and a......writ respondent filed affidavit-in-opposition stating that after independence of Bangladesh the industrial unit in question was vested in the Management Board by notification dated 26-12-1971 for its proper maintenance and management. Later it was handed over to the Bangladesh Steel and Engineerin......do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ..Category: Business or Commercial Law | Date: | Hits: 114
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
....ction and the present suit is for declaration of title in respect of the same land. The averments in the two plaints are almost interchangeable. It is also clear that in the present suit there is a complete suppression of the fact that the respondents filed an earlier suit in respect of the same s......1990) 285; 1990 BLD (AD) 194. .......12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. .......12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ..Category: Procedural Law | Date: | Hits: 116
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....-98, Annexure-D to the writ petition, the respondent No.1 informed the appellant as follows: "as a gesture of goodwill we agree to execute the subject mentioned work as per your estimate and will complete the supply within the specified time of 30 days, delivery by sea with special arrangement a...... Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Managing Director, WASA.............................Appellant Vs. Md. Ali and others………………………………………………Respondents Judgment July 1......f the contract; the High Court Division fell in error in not considering that the writ petition is not maintainable, inasmuch as even if there is a concluded contract for alleged breach of the same proper remedy lay in a suit and not in a writ petition; the High Court Division also fell in error i......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....sinking tubewells without testing arsenic contents; in view of the admitted fact that tubewells are already identified as contaminated with arsenic contents the respondents are under legal duty to completely seal up the contaminated tubewells to save the lives of millions and such inaction on th......zul Islam J Rabia Bhuiyan, MP…………………………………..Appellant. Vs. Ministry of Local Government and Rural Development & others... ..................Respondents Judgment August 27, 2......ndent Nos.4 and 5; the respondent Nos.1, 2 and also Dr. Deepak Bahcherya, the respondent No. 6, who is the Chief, WES section of UNICEF, in spite of numerous warnings given by experts did not take proper steps although the respondent No.1 certified a list of 59 districts showing that not less th......ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ..Category: Environmental Law | Date: | Hits: 255
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
....e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ......or Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented—The Respondents Civil Review Petition No. 47 of 2005 (From the Judgment and Order dated December 4, 2004 passed by the Appellate Division in Civil Petition for Leave to A......e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ...... legality of the Memo, giving current charge of the post of Chief Engineer and Ship Surveyor of the Department of Shipping to the respondent No.5. The said matter being the subject matter for adjudication by the Administrative Tribunal, relief sought as against the said matter was not avail..Category: Employment/Service Law | Date: | Hits: 76
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. ......min CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Ali Hussain Faraji & others......................Petitioner Vs. Abdul Ali Pradhania @ Abul and another.......Respondent Judgment August 15, 2007. Lawyers Involved: ......r can be easily identified and in the instant case, the Courts below having found that the respective lands of the plaintiffs and the defendants are divided by the Meghna Dhanagoda Barrage it was a proper case where decree for injunction could be granted and further the defendants did not agitat......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
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....per scrutiny and no consideration has been given to inherent absurdities or improbabilities of them, then the appellate Court's finding cannot claim sanctity. This Court, whose duty it is to see that complete justice is done to all parties, cannot but interfere in such situations………………(1......72 (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 perjury, the witness may be prosecuted for...... then the Appellate Division does not like to interfere. When it is found that the established principles of assessment of evidence have not been followed and it has been accepted as reliable without proper scrutiny and no consideration has been given to inherent absurdities or improbabilities of th......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ..Category: Criminal Law | Date: | Hits: 74
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. ...... Advocate instructed by AKM Shahidul Huq, Advocate-on-Record—For Respondent No. 1. Not Represented—Respondent No. 2 Civil Appeal No. 161 of 2002 (From the Judgment and Order dated June 29, 2000 passed by the High Court Division in Civil Revision No.414 of 1988 (......have maintained the instant suit in the light of the provision of section 42 of the Specific Relief Act taking exception to the order passed by the revenue officer if he would have any right to the property in question, but, as seen from the materials on record, plaintiff failed to establish that......d to seek any relief as to title since decision as to legality of the order dated June 30, 1983 in the affirmative would establish his title in the land in suit, that if this Court feels that upon adjudication of the title of the plaintiff at the first instance would entitle him to have the reli..Category: Property Law | Date: | Hits: 35
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. ......M. Husain CJ Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Mosharraf Hossain…..Appellant Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr………... Respondents Judgment August 15, 1977 Lawyers......tion stating that those papers having been admitted in evidence without due consideration to the objection raised by the learned Advocate on their behalf, it shows that the appellant would not get proper justice from the Tribunal and accordingly he prayed for stay of the proceeding by the Tribun......sibility of exhibits and asked the court to adjourn the case to move the Government for transfer. It should be borne in mind that the Tribunal has been made the final authority for adjudication of election dispute. There is no provision for appeal in the Ordinance. In civil ..Category: Election Law | Date: | Hits: 122
Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
.... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ...... Md. Tafazzul Islam J The Solicitor represented by the State, Government of the People's Republic of Bangladesh…… …Petitioner Vs Anisuzzaman Chowdhury and other…………………..........Respondents Judgm......ustry and manufacturer of poly propylene cover bag used in readymade garments factory and poly propylene is a prime raw material of the said industry and the respondent imported the said goods properly and legally for industrial consumption and as such the imported goods being a banned ...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 88
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. ...... Supreme Court Appellate Division (Criminal) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Amirul Islam and others………………………......Petitioners ......No.06 dated 09-08-2003 corresponding to G.R. Case No. 119 of 2003 under Section 120 B/302/34 of the Penal Code was started against the accused persons. Thereafter one Sub-Inspector of Police made a proper investigation of the case and thereafter found prima-faice case made out submitted......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
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
.... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ...... Appellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Abdur Rob Mollah ............................Appellant Vs Shahabuddin Ahmed and others ..........Respondent Judgment October 19, 2006. Cases Referred To-......llustration Act and provision of Section 27 of the General Clauses Act in the background of the facts and circumstances of the case in holding that notice sent by registered post was duly and properly served on the appellant although the learned Additional District Judge on scrutiny of the ...... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 266
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. ......instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Appellant Md. Nawab Ali, Advocate-on-Record-For the Respondent Criminal Appeal No.34 of 2000 (From the judgment and order dated 14-11-1999 passed by the High Court Division in Criminal Revision No.672 of 1998) ......nce in the argument of learned Deputy Attorney General and we, therefore, hold that the High Court Division having not taken into consideration of the facts and law legally decided the case without proper appreciation of the High Court Division committed serious error of law in setting aside...... 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)
....exure-Q to the writ petition illegal and without jurisdiction and further directed the respondent No. 2 and another to allow Sundarban Bank International Ltd. (Proposed) to complete all formalities as per memos dated 26.01.1982 and 10.02.1983 (Annexures-E and G to the wri......, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 1. Not represented-For the Respondent No. 2. Civil Appeal No. 258 of 2001 (From the judgment and order dated 16.11.2000 passed by the High Court Division in Writ Petition No. 1672 of 1995) ......application and made the Rule absolute. 11. We have already found that Annexure-Q-1 is a note of the note sheet at serial No.140 written by a subordinate officer to be placed before the proper authority for approval. The Note Sheet shows that this note was not ultimately approved......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. ..Category: Banking Law | Date: | Hits: 124
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