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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....... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Rafiqul Alam (Md)..………………………………………......................Appellant Vs. Mustafa Kamal and others……………………………………...............Respondents Judgment Febr......w days later. The Election Commission's power to give the direction has not been challenged, nor can it be, in view of its general power of conducting, supervising and holding elections in fair and proper manner. The uncontested election having been declared in disregard to the Election Commissi......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...Category: Election Law | Date: | Hits: 173
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....itle the respondent to which she is otherwise entitled. Her case is that of specific performance of contract. If she succeeds the suit will be decreed. 21. Section 211 of the Succession Act is the complete answer because it says that the executor or administrator, as the case may be, of a decease......Reported in: 42 DLR (AD) (1990) 133. ......granting of probate. 2. Facts as follows:— One Sarat Kumar Kanungoo made a Will on 19th March, 1986 and a few days later he died on 11.4.86. Whereby he bequeathed all his moveable and immoveable properties to the appellant who was made executrix of the said Will. She filed the Probate case for ......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. ..Category: Property Law | Date: | Hits: 80
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
.... the appellant. In a writ proceeding the petitioner is not entitled to make out a case in his affidavit-in-reply. A departure from this norm can only be made in exceptional circumstances for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making a......ury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Dr. Syed Matiur Rob being dead his heirs Shamsun Nahar & others (in both the appeals) ……...Appellants Vs. Bangladesh and Others (in both the appeals)................................Respondents Judgment October ...... 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 1958. He acquired, amongst other properties, three houses being holding No. 5 Bakshibazar, Dhaka; House No. 18-A, Road No. 20, Dhanmo......15. In this case leave was, however, granted only to examine whether a mere denial of a fact without having any basis for such denial would render that fact a disputed question of fact incapable of adjudication in Writ Jurisdiction of the High Court Division. We are of the view that a mere denial ..Category: Property Law | Date: | Hits: 32
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ...... Vs. Robeya Begum & others………………Respondents Judgment August 24, 2006 Cases Referred To- Shah Newaz Ebne Mustaque and others Vs. Shah Alam and others, 55 DLR (AD) 69; Baburam Lal and another vs. Debdas Lola, AIR 1......ecified in column 3 of the Article 182 of the limitation Act is applicable to it and as Article 182 5 of the Limitation Act provides that an application is to be made in accordance with law to the proper Court for execution or to take some step-in-aid of execution of the decree. 8. In 55......r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 93
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....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: ......ar Bangla Service Station…………………...Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others............... Respondents Judgment May 9, 2006. Cases Referred To- Ata Ull......he judgment and decree dated 14.8.1991 of the 1st Court of Assistant Judge, Dhaka in Title Suit No. 133 of 1991. The suit was filed seeking declaration that the plaintiff is entitled to hold the suit property as a original lessee and also entitled to get the property mutated in his name and the orde...... unjustly benefit the party who apparently appears to have manipulated the functionaries of the Government to waste time in the decision making process in bringing the matter before the Court for adjudication on merit or when the necessity or justification or reasonableness of hearing the matter..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
..... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ......ulya Ratan Chowdhury& ors....................Appellants (In Civil Appeal No. 48 of 1995) Parul Bala Majumder....................Appellant (In Civil Appeal No. 49 of 1995) Narash Chandra Bhattacharjee.....Appellant (In Civil Appeal No. 50 of 1995) Hari Sankar Chowdhury.......... of 1988. 2. Plaintiff-appellants in their suit alleged, inter alia, that the suit land originally belonged to one Amar Krishna Chowdhury and others. On 26.3.1936 they let out the suit property to one Protul Kumar Sen by a registered BHARANAMA for 9(nine) years at a monthly rental of....... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 106
Md. Umed Ali and another Vs. Mst. Hamida Khatoon and another, 1999, 28 CLC (AD)
....ad - valorem Court fee (vide section 149 CPC) if they desired to have the benefit of that part of the decree also. Even if the setting aside part was not there, the plaintiffs' relief would be complete with the declaratory part only inasmuch as they were not parties to the suit in which the......t Appellate Division (Civil) Present: A. T.M. Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Md. Umed Ali and another……………...... plaintiff-Appellant Vs Mst. ......discharged by the impugned judgment and order upholding the view taken by the learned District Judge in appeal. 6. Leave was granted to consider whether the aforesaid view was legal and proper and the suit was liable to be dismissed as a whole. 7. Admittedly the plaintiffs ......lorem Court fee in the trial court for the said relief within 3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 103
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
....set aside. 11. The learned Counsel for the appellant submitted since 1992 the appellant has been fighting over the matter and as such this Court may dispose of the matter finally and do complete justice in the matter. We force in the submission of the learned Counsel. Accordingly, we ...... Md. Sadequr Rahman …………………………………………Appellant vs Munawar Jute Mills Ltd. and others ......................Respondents Judgment November 10, 2005 Lawye......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. ..Category: Employment/Service Law | Date: | Hits: 84
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. ......dvocate, 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-Respondent No. 3. C......ider whether the High Court Division was right in invoking its inherent powers under section 151 C.P.C in a Suit which is yet to be filed and further whether the impugned order was otherwise a proper one in the facts and circumstance of the case. 5. Section 151 of the Code of Civil P......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. ..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. ......Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J M.A. Aziz J Amirul Kabir Chowdhury J Md. Nurul Amin .............................Petitioner Vs. Md. Ismail and other........................Respondents Judgement January 16, 2005. Lawyer......ided that the respondent No.1 will pay 20,00000/- (Twenty lacs) to the petitioner towards the sale proceeds of the fishes. 3. The further case of the petitioner was the when after proper accounting of the business transaction it was found that the respondent No.1 failed to inves......) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ..Category: Property Law | Date: | Hits: 31
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
....sum of TK. 20,000/- on 13-05-2002 for implementation of development project namely construction of 'vegetable shed' at mandabagh bazar within Kaimpur Union Parishad and it was required to complete the work within the financial year, 2000-2002, that is on 30-06-2002 but the appellant di....... R. Mudassir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Md. Jahangir Alam (Selim)....................Appellant vs Md. Hebjul Bari and others…………………...Respondents Judgment ......as not legal and without lawful authority being violative of the provision of Section 7(2)(f) of the Local Government (Union Parishad) Ordinance No. 1983. 2. The facts, relevant for the proper disposal of this appeal, are that the respondent No.1 (Writ-Petition) filed the above ......without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ..Category: Election Law | Date: | Hits: 108
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
.... nor P.W 1 stated in first information report that the accused fled away crossing over the wall of that house, in other words the P.O and manner of occurrence in court one year three months after a complete departure was introduced from the case in first information report dying declaration ...... Deputy Attorney General, instructed by Md. Ataur Rahman Khan, Advocate-on- Record-For the Respondents (In Crl. A. No. 15-16/2001) Criminal Appeal No. 14-16 of 2001 (From the Judgment and Order dated 9th December, 1998 passed by the High Court Division in Death Reference No. 22 of ......eness, as such the impugned order is bad in law and liable to be set aside. 9. Mr. Rahman further argued, that the learned trial court erred in law not examining the accused appellants properly under section 32 of the Code of Criminal Procedure as because the learned trial cour......ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ..Category: Criminal Law | Date: | Hits: 25
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ......r the Appellants M.A. Rouf, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Criminal Appeal No.13 of 2002 (From the Judgment and Order dated 14th November, 2000 passed by the High Court Division, in Criminal Appeal No.772 o......me and as such conviction and sentence can hardly be sustained. In our view, the High Court Division committed an error of law in not considering that the aforesaid evidence on record in their proper perspective. For all the above reasons, we find that the appellant is entitled to be requit......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: | Hits: 53
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....re any forum since the execution and registration the kabala. 10. The learned Counsel for the appellant agued that section 54 of the Transfer of Property Act provides that sale would be complete even if the consideration money is not paid or is part paid or part promised. He next subm....... Ed. ......the cited case it was further held that after the completion of the sale by the registration of the instrument of transfer the purchaser can maintain a suit against the vendor for possession of the property sold notwithstanding non payment of the purchase money. 14. Regarding possess......rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ...... (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J The Government of the Peoples Republic of Bangladesh, represented by the Deputy Commissioner, Sylhet and others..........................Appellants. vs Sree Subas Chandra Sarker being de......tate, Roy Chowdhury who owned Gouripur Zamindari Estate, that said Birendra Kishore Roy Chowdhury being satisfied with the service of the plaintiff's father Suresh Chandra Sarkar gifted to him the property in suit on May 31,1958 by the registered deed and put him in possession of the property so......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ..Category: Property Law | Date: | Hits: 43
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and others, 2006, 35 CLC (AD)
....n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......0/- Ed. ......finding that there was no surrender of korfa tenancy by Jairuddin to Kuran Mondal. The learned Counsel has also submitted that the Exts. B and B(8) having not been brought before the Court from the proper custody and that the contents thereof having not been proved and that the presumption ......n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ..Category: Property Law | Date: | Hits: 35
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
....paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ......urt Appellate Division (Civil) Present: Syed J. R Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J The Chairman, Bangladesh Telephone and Telegraph Board, Telejogajog Bhaban, 37/E, Eskaton Garden Road, P. S: Ramna, Dhaka-1000..............2002 some miscreants attacked the Ansars on duty in T & T colony and tried to snatch away the 303 rifles from them and in order to protect the Government arms and ammunitions and the Government properties the Ansars opened bank fire and the miscreants started firing from all sides on th......paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ..Category: Others | Date: | Hits: 97
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....n the present cases, the provisions of section 30 have been made applicable to section 25 also and so the position regarding acquiring vested right has also been completely changed. So, in the present cases, in terms of the provisions of sections 25(1) a......Ed. ......d goods in conformity with the price of similar good in the international market so that importer can not in collusion with (he exporter undervalue the goods to be imported to evade the payment of proper customs duty, declined to follow 42 DLR (AD) 167 and 48 DLR (AD) 199 for fixing value of the......n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....t is not correct. 15. While granting leave this Division observed that the judgment of Administrative Appellate Tribunal was delivered after about 3 months of the hearing of the appeal and a complete mess has been made in the impugned judgment both in respect of fact and law. It was furthe......ivil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Bangladesh Krishi Bank…….......Appellant Vs A.F.M. Farid Uddin and others .........Respondents Judgement: May 19, 2004. Lawyers Involved: ......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 90
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. ......llowed without any order as to costs. Ed. ......uza Ekbarpur, Police Station-Pirganj, District-Rangpur to the plaintiffs on various dates from 1348 B.S. to 1353 B.S. The plaintiffs are in possession of the same by paying rent regularly. The suit property was correctly recorded in the names of the plaintiffs and subsequently the same was cance......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
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