Appellate Division (Civil) Surendra KumarSinha CJSyed MahmudHossain JHasan FoezSiddique JMirza HussainHaider JSonali Jute Mills Limited and another-PetitionersvsAnti-Corruption Commission, represented by its Chairman, Dhaka and others……….Respondents JudgmentMay 29th, 2016Anti-Corruption Commission Act (V of 2004Section 19(1)(2) Sub-sections (1) and (2) of Section 19 have given wide jurisdiction to the Commission to enquire into and investigate any allegations whatsoever as covered in its schedule and in doing so may direct any authority, public or private to produce relevant documents. The person concerned shall...
Appellate Division (Civil) :Surendra Kumar Sinha CJ Syed Mahmud Hossain JHasan Foez Siddique JMirza Hussain Haider JJahangir Alam (Md) and others … Appellants vsSabdir Ahmed and others……………RespondentsJudgmentDecember 7th, 2016Specific Relief Act (1 of 1877) Sections 42 In the absence of partition of the undivided jote the plaintiff’ cannot pray for simple declaration of title without praying for partition by impleading all the co-sharers. The plaintiffs without impleading all the heirs of Samadullah prayed for declaration of title in the undivided...
High Court Division :(Civil Appellate Jurisdiction) Quazi Reza-ul Hoque JJN Deb Choudhury JAbdul Khaleque…………..Appellant vs Government of Bangladesh represented by Deputy Commissioner and anothers …………….. RespondentsJudgment June 5th, 2016 Transfer of Property Act (IV of 1882) Section 54A Limitation Act (IX of 1908) Article 113 In every contract for sale there should be a time mentioned for execution and registration of the instrument of sale and if no time is mentioned it will be deemed to be 6 (six) months. …..(11)...
Appellate Division :(Civil) Md Abdul Wahhab Miah JNazmun Ara Sultana JMd Imman Ali JMd Nizamul Huq J Judgment July 28th, 2016 Sharifullah (Md) and anothers …. Petitioner vsMd Tafazzal Hossain and another-RespondentsCode of Civil Procedure (V of 1908) Order XVIII, rule 17 Evidence Act (1 of 1872) Sections 137 and 138 A witness is not entitled to correct his deposition after putting his signature in the deposition sheet and if such a recourse is allowed to be practised by a...
(From previous issue) :14. So he submitted that the learned Additional District Judge without considering the material facts, the evidence and the documents produced by the parties arbitrarily passed partial decree basing on mere conjecture and surmises. He submitted that the Arbitration Miscellaneous Case ought to have been decreed in full. 15. Mr Md Jahangir Alam, the learned Deputy Attorney General appeared on behalf of the respondent No. 1, the Government. He finds difficulty to support the judgment and decree...
Appellate Division (Civil) Md Abdul Wahhab Miah JNazmun Ara Sultana JMd Imman Ali JMd Nizamul Huq J JudgmentMarch 1st, 2016Moshtaq (Md) and others . …….. Appellants vsCollector of Customs and others ……..RespondentsCustoms Act (IV of 1969) Section 25(7) Customs duty-Customs duty shall be levied as per the tariff value prevalent on the date of presentation of the Bill of Entry. After the opening of the respective letter of credit, tariff value of the respective imported goods was enhanced by the...
High Court Division (Civil Appellate Jurisdiction) Farid Ahmed J Md JahangirHossain JMozlema Khatun and others-Appellants (In First Miscellaneous Appeal No. 262 of 2001) vs Government of Bangladesh and another …………… RespondentsJudgment April 20th, 2015 Emergency Requisition of Property Act (13 of 1948) Sections 3 and 5(1) Ownership of the requisitioned property does not vested on the Government or requiring body with the requisition under Section 3 of the Act. But it remains with the original owner till gazette notification under Dection...
High Court Division (Special Original Jurisdiction) Tariq-ul Hakim JMd Faruque JJudgmentJune 14th, 2016Shahidul Islam (Md) and Others-Petitioners vs Bangladesh, represented by Secretary, Ministry of Primary and Mass Education, Bangladesh and others ············ …………… RespondentsConstitution of Bangladesh, 1972 Article 102(2) Absorption-After utilizing an employee for more than 20 years by taking his service and then not giving him any employment without assigning any reason is highly unfair and undesirable. The petitioners have a right to be given preference over new applicants...
Appellate Division (Civil) Nazmun Ara Sultana JSyed MahmudHossain JJudgmentApril 28th, 2014Abu Hanif Hawlader……….Petitioner vsMohammad Amanat Ullah Hawlader and others .. RespondentsState Acquisition & Tenancy Act (28 of 1951) Section 96 The pre-emptors admitted that they had knowledge about the deed of exchange but they had no knowledge that it was actually a sale and that knowing about the fact that the transfer in question was actually a sale but the deed was created as an exchange deed in order to...
High Court Division (Civil Revisional Jurisdiction) Md Abdul Hafiz J SM MoziburRahman JAminul Islam (Md)………Judgment-Debtor-Petitioner vs Bangladesh House Building Finance Corporation, Dhaka…….Decree-Holder-Opposite Party Judgment May 12th, 2015 Code of Civil Procedure (V of 1908) Section 115(1) The executing Court cannot pass any order for auction sale of any land not shown in the schedule of the execution case. We have perused the order in question dated 3-6-2013 and found that the learned Judge of the executing Court erroneously accepted the...
Appellate Division :(Civil) Surendra Kumar Sinha J Nazmun Ara Sultana JSyed Mahmud Hossain JHasan Foez Siddique JSheikh Sekander Ali and others …….Petitioner vsAgrani Bank Limited and others … …….. RespondentsJudgment April 13th, 2015. Code of Civil Procedure (v of 1908) Section 2(2) Decree-The executing court cannot go beyond the decree. The decree was passed against the writ-respondent also and therefore, the executing court had no jurisdiction to strike out their names from the execution case. .. …. (5) Abdul Motin...
Appellate Division :(Civil) Md Abdul Wahhab Miah J Nazmun Ara Sultana JMd lmman Ali JAbdul Motaleb (Md) ………..Appellant (In the both Appeals) vs Md Kamal Uddin and others .. Respondents(In CA No. 177 of 2005) Md Rafiqul Alam and others .. Respondents (In CA No. 178 of 2005) Judgment May 31st, 2016 Muslim Marriages and Divorce (Registration) Act (LII of 1974) Section 4 When a Kazi is appointed, his service will continue as Kazi until and unless he is in...
