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Shahe Alam (Md) Vs. Md. Golam Sarwar and others, 2000, 29 CLC (AD)
....Petition for Leave to Appeal No. 1205 of 1999. Judgment Mahmudul Amin Choudhury J.- This petition for leave to appeal is against judgment and order dated 18-8-1999 passed by a Single Bench of the High Court Division in Civil Revision No. 2561 of 1......most on similar grounds. The Election Tribunal, by order dated 11-4-1999 declared the election, of the petitioner void against which the petitioner moved the Appellate Tribunal who also upheld the decision of the Tribunal. The petitioner then moved the High Court Division in the present revision..Category: Election Law | Date: | Hits: 112
ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....Judgment Bimalendu Bikash Roy Choudhury J.- This petition for leave to appeal by the Writ petitioners, namely, ASF Rahman, Salman F Rahman, Iqbal Ahmed and MA Qasem is from the judgment and order dated 9 May 1999 of a Division Bench of the High Court Division in Writ Petition No. 463 of 1998 dis...... the notices were issued at the dictation of Bangladesh Bank which was the higher authority of the lender Bank; (2) that the notices were issued by the Managing Director alone without the approval or decision of the Board of Directors and (3) that the guarantors were not liable for repayment of the ..Category: Banking Law | Date: | Hits: 139
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....or Respondent No. 1 (In both the Appeals). Not represented— Respondent No. 2-19 (In both the Appeals). Civil Appeal Nos. 11 & 12 of 1999. (From the Judgment and order dated 6 & 7 December, 1998 passed by the High Court Division, Dhaka in FMA Nos. 109 and 144 of ......nted. 12. Leave was granted to consider the submission of Khandaker Mahbubuddin Ahmed, learned Advocate for the appellant, first, that the impugned judgment is legally untenable in that the decision has been made in a disjointed manner and without proper and correct perception of the issu..Category: Election Law | Date: | Hits: 126
Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)
....t. Md. Abdul Aziz, Advocate-on-Record- For the Respondent No. 5. Not Represented-Respondent Nos. 1-4 and 6-7. Criminal Appeal No. 96 of 1977 (From the Judgment and Order dated November 30, 1976 passed by the High Court in Writ Petition No. 18 of 1977). Judgment ......e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ..Category: Election Law | Date: | Hits: 114
Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)
....l-Razee, Advocate, instructed by S. M. Huq, Advocate-on-Record—For Respondent No. 2 (In both the Appeals). Criminal Appeal Nos. 4 and 5 of 1977 (From the Judgment and Order dated 1st July, 1976 passed by the Supreme Court of Bangladesh, High Court Division in Crimin...... Judgment Kemaluddin Hossain J.- These two appeals are heard analogously as a common question of law is involved in them. The question involved in these appeals is covered by the decision given by this Court in C. A. No. 56 of 1977. 2. Facts material for the disposal of t..Category: Criminal Law | Date: | Hits: 45
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....Chowdhury, Assistant Attorney-General (on 27/06/77) instructed by B. Hossain, Advocate-on-Record- For the Respondent. Civil Appeal No 8 of 1976 (On appeal from the judgment and decree dated 22.4.70 passed by the erstwhile High Court of East Pakistan in First Appeal No. 41 of 1960) ......ermine the loss incurred by the appellants. In the result the appeal is allowed; the judgment and the decree of the High Court are set aside and the case is remanded to the trial court for decision in accordance with law in the light of the observations made above. Costs will abide..Category: Civil Law | Date: | Hits: 89
Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)
....a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ......le. The contention of the learned Counsel on this point has no force. 5. It may, however, be pointed out, as has been correctly observed by the learned Judge of the High Court Division, that the decision on the question of title is only for the purpose of decision in the Small Cause Court suit ..Category: Tenancy Law | Date: | Hits: 163
Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)
....the Appellant. T. Ali, Senior Advocate, instructed by AJ Khan Chowdhury, Advocate-on-Record—For the Respondent No. 1. Civil Appeal No. 3 of 1973) (From the judgment and order dated 24.11.70 passed by the erstwhile High Court of East Pakistan in F. A. No. 136 of1961) ...... sufficient cause from continuing the suit, the court shall set aside the abatement or dismissal upon such terms as to cost or otherwise as it things fit, Mr. Moinul Huq relied also upon some decisions, namely, 44 Indian Appeals 218 (Brig Indar Singh T. Kanshi Ram), 4 DLR (PC) 1 (Piyaratana..Category: Civil Law | Date: | Hits: 116
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
.... Advocate— For the Petitioner. Not Represented— The Respondents. Civil Petitions for Special Leave to Appeal No. 171 and 305 of 1977. (From the judgment and order dated June 21, 1977 passed by the High Court in Writ Petition No. 82 of 1977 and dated April 7, 19......manner whatsoever shall abate forthwith and shall not be further proceeded with. 6. Certain judgment, etc., annulled.- (1) subject to the provision of sub-paragraph (2) all judgments, decision, decrees writs, injunctions or orders rendered, passed, issued or made before the commenc..Category: Constitutional Law | Date: | Hits: 307
Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
....titioner. Md. Nawab Ali, Advocate-on-Record—For Respondent No. 2. Not represented—Respondent No. 1. Criminal Petition for Leave to Appeal No. 307 of 2005. (From the judgment and order dated 28-3-2005 passed by the High Court Division in Criminal Miscellaneous Case No. 10039 of 2004)....... a cheque and, therefore, cannot thus be absolved of the liability of the offence complained of under section 138 of the Negotiable Instruments Act. 18. In this connection we may refer to the decision in the case of Messrs Electronics Trade & Technology Development Corporation Ltd., Secu..Category: Criminal Law | Date: | Hits: 138
Abdul Jabbar (Md) Vs. Government of the People's Republic of Bangladesh & others, 2008, 37 CLC (AD)
....r, Syed Mahbubur Rahman, Advocate on-Record— For Respondent No. 8. Not represented—Respondent Nos. 1-7. Civil Petition for Leave to Appeal No. 855 of 2007 (From the Judgment and order dated 8-5-2007 passed by the High Court Division in WP No.7427 of 2006). Judgment: MM Ruhul ......facts and circumstances of the case and in view of the discussion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed Ed. ..Category: Civil Law | Date: | Hits: 111
Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
.... Mahbubar Rahman, Advocate-on-Record— For the Petitioner. Not represented-Respondents. Criminal Petition for Leave to Appeal No.140 of 2005. (From the judgment and order dated 23-2-2005 passed by the High Court Division in Criminal Revision No, 549 of 2003). Ju......earned Magistrate cannot act on the basis of such extraneous document for discharging accused Under section 241A, Cr.P.C. In support of the above proposition the High Court Division referred to the decisions reported in 4 MLR 55, 5 BLT (AD) 67. The High Court Division also held that the certific..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....cate (Mainul Hosein, Senior Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent. Civil Appeal No. 12 of 2003. (From the judgment and order dated 15th and 16th April 2002 passed by the High Court Division in Writ Petition No. 5981 of 2000......n. 19. In the case of Mujibur Rahman vs Bangladesh reported in 44 DLR (AD) 111 this Court held, inter alia, that: "The learned Additional Attorney-General who brought that decision to our notice on his own referred to Article 44(1) of the Constitution that guarantees th..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....dvocate with him) instructed by Mvi Md Wahidullah, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent No. 2. Civil Appeal No. 46 of 2008. (From the judgment and order dated 6-2-2008 passed by the High Court Division in Writ Petition No. 6576 of 2007). Judgment ......repeatedly holding that the Court will not declare a law unconstitutional or void if the case in which the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....;For the Appellant. Amirul Islam, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Appeal No. 50 of 2004. (From the order dated 27-5-2003 passed by the High Court Division in Writ Petition No.2975 of 2003). Judgme......llip;………………(37) When a party to a proceeding claims that certain documents are privileged and immune from scrutiny by the Court, the Court must give decision on the point. Only if the Court decides in the negative, then it may call for the document..Category: Constitutional Law | Date: | Hits: 124
A. B. M. Shamsuddin Vs. Mahmuda Selina and others, 2006, 35 CLC (AD)
....d by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 916 of 2004 (From the judgment and order dated 02-05-2004 passed by the High Court Division in First Appeal No. 375 of 1998) Judgemen......eza, the learned Advocate, appearing for the petitioner, argued that learned Judges of the High Court Division having failed to consider the materials which resulted in an error in the decision causing failure of justice. 6. Learned Advocate further argued that the learned Ju..Category: Property Law | Date: | Hits: 41
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
....structed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Not represented—The Respondents. Civil Appeal No. 15 of 2000. (From the judgment and order dated 21 April 1999 passed by the High Court Division in Civil Revision No. 562 of 1997). J......ich in India was inserted in Order VIII, CPC by amendment, will be applicable in our country, inasmuch as after quoting the provisions of above amended rule 6A, the Appellate Division in the above decision held that what is latent in but covered by the provisions of Order VIII, rule 6, CPC are m..Category: Civil Law | Date: | Hits: 111
Collector of Customs, Customs House Chittagong and others Vs. AKM Salauddin, 2000, 29 CLC (AD)
.... Judgment March 24, 2000. The Customs Act, 1969 (IV of 1969), Sections 25(7) and 30 The importer has to pay tax and duties on the basis of tariff value in force on the date of presentation of the bill of entry. The High Court Division was not justified to rely on an ...... The importer has to pay tax and duties on the basis of tariff value in force on the date of presentation of the bill of entry. The High Court Division was not justified to rely on an earlier decision of this Court which, on review, was subsequently reversed………..(7)&nbs..Category: Fiscal/Taxation Law | Date: | Hits: 75
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
.... ABM Nurul Islam. Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondents. Civil Appeal No. 215 of 2000. (From the judgment and order dated 29-10-1998 passed by the High Court Division in Writ Petition No. 2490 of 1990). Judg...... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ..Category: Labour and Industrial Law | Date: | Hits: 83
Ashraf and others Vs. Md. Zahangir Alam & others , 2008, 37 CLC (AD)
....Civil Appeal No. 185 of 2005). Not represented—Respondent Nos. 6-7. (In Civil Appeal No. 184 of 2005). Civil Appeal Nos. 184-185 of 2005. (From the judgment and order dated 4-1 -2005 passed by the High Court Division in Writ Petition No. 1463 of 2004). Judgm......ms is debarred from raising any claim in relation to the remaining items. Therefore the High Court Division committed illegality in negotiating the price of the remaining items by substituting the decision of the Government for the same and directing the Government to allow the writ petitioner t..Category: Others | Date: | Hits: 88
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