Md Mukhlasur Rahman :Directly exhibiting the registered deeds shall advance quick disposal of the casesIntroduction : Having practical, experience in the court of first instance it has come to our notice that in smooth disposal of civil suits in trial court an undue problem has been created. The said problem is about marking the registered, documents adduced by the parties as exhibits. There are different varieties of misconceptions about marking the registered deeds as exhibits. Someone are of view that...
(From previous issue) : the said application by the impugned order dated 27-10-2005 (Annexure-C1 to the supplementary affidavit of the writ petition). He frankly concedes that wrongly the petitioner filed the miscellaneous case under Order XXI rule 90 of the Code for setting aside the auction sale and that in the application of the miscellaneous case, the assertion of the petitioner was against the order of the Adalat accepting the highest offer being shockingly low and that on wrong advice the...
Appellate Division :(Civil) Md Abdul Wahhab Miah JMd Imman Ali JAHM ShamsuddinChowdhury JJudgmentMay 26th, 2015Abdus Sattar Miah (Md) …………AppellantvsRaman Sona Dashya and others……………… RespondentsHindu Law — Partition Suit-Hindu widow or a Hindu woman having life interest can very much maintain a suit for partition for the fullest enjoyment of her such right in the joint properties. .. …. (13) Hindu Law–Suit for Partition–Hindu widow had a right to maintain a suit for partition against the co-sharers of her deceased husband,...
High Court Division : (Special Original Jurisdiction) Zinat Ara J JBM Hassan J Agrani Bank Ltd ………….Petitioner vs Secretary, Ministry of Law, Justice and Parliamentary Affairs and others …………. .. RespondentJudgment March 12th, 2012.Artha Rin Adalat Ain (VIII of 2003) Section 33(1)(7) The Adalat is not obliged to sell the property in any manner or at any price for satisfaction of the decree, particularly when the decree holder specifically raises objection to the highest offer being abnormally low and that the amount...
Appellate Division : (Civil) Surendra Kumar Sinha CJNazmun Ara Sultana JSyed Mahmud Hossain J Hasan Foez Siddique JJudgmentFebruary 19th, 2015.Durnity Daman Commission, represented by its Chairman, Dhaka ………….. Petitioner vsM Sahabuddin Ahmed and others ………………….Respondents” Constitution of Bangladesh, 1972 Article 102 Part -III Fundamental Rights Article 26-47A It is a settled point that a fugitive from justice is not entitled to any relief from a Court of law unless he surrenders to the jurisdiction of the Court. He cannot claim fundamental...
High Court Division (Special Original Jurisdiction) Md Rezaul Hasan J Khizir Ahmed Choudhury J Nurun Nabir Sarker (Md) ……………….. Petitioner vsSecretary, Ministry of Education and others…………RespondentsConstitution of Bangladesh, 1972 Article 102(2) Board has authority to examine any order or decision passed by the Governing Body or Managing Committee of the educational institution placed under it’s supervision and control and to pass appropriate order, though this cannot be treated as an efficacious alternative remedy. ……..(11)Constitution of Bangladesh, 1972 Article 102(2) In...
Appellate Division :(Civil) Surendra Kumar Sinha CJ Syed Mahmud Hossain JHasan Foez Siddique J Government of Bangladesh, represented by the Secretary Ministry of Establishment Dhaka …………… Appellant vsSM Raiz Uddin Ahmed .. Respondent* Judgment November 4th, 2015 Administrative Tribunal Act, 1980 (VII of 1981) Sections 4, 6 and 6A Relying only on the adverse remarks of the Tribunal, the respondent was censured without giving him any opportunity of being heard. ….. (13) Principle of natural justice-It is not permissible to...
High Court Division :(Civil Appellate Jurisdiction) Sheikh Abdul Awal JShahidul Karim JHafizur Rahman (Md)……………..Plaintiff-Appellant vsAbdur Rahman Miah and another. ……………… …..Defendant – RespondentsJudgment December 15th, 2015 Specific Performance of Contract In a suit for specific performance of the contract which makes time the essence of the contract, the plaintiff must succeed if his readiness and willingness to perform the obligations undertaken by him are proved. Law is well settled that where in any contract, time is intended to be of...
High Court Division :(Civil Appellate Jurisdiction) Sharif Uddin Chaklader JAKM Shahidul Huq JBRAC Bank Ltd………….………………..Appellant vsMultimode Ltd………..…………Respondent* Judgment June 12th, 2013. Principles of Natural Justice The principles of natural justice are those rules which have been laid down by the courts as being the minimum protection of the rights of the individual against the arbitrary procedure that may be adopted by a judicial or quasi-judicial authority while making an order affecting those rights… … (l9) Kanchan Mala Bepari vs Ananta...
(From previous issue) :In coining to the said finding, the High Court Division relied upon Memo No. wkí/¯^m-5/ eGmwUAvB-4/87/316/1/ 1(4) dated 29-31989 and also Memo Nos. weGmwUAvB/2(4)/72-LÛ-1/3117(2) dated 12-4-1989 weGmwUAvB/ 2(4)/72-LÛ-1/ 3188(2) dated 10-1-1996. The High Court Division observed that the contention of the contesting respondents that the service of the writ-petitioner was not regularized, had no factual and legal basis, any failure/refusal to recognize the seniority with effect from the date of appointment or regularization of service amounts to...
Appellate Division : (Civil) Surendra Kumar Sinha JMd Abdul Wahhab Miah JHasan Foez Siddique JAHM Shamsuddin Chowdhury JJudgmentMay 4th, 2014.Director General, Bangladesh Standards and Testing Institution. ……Petitioner vs Matiur Rahman and others ……. RespondentsConstitution of Bangladesh, 1972 Articles 102(2) and 103 Service Matter-Observations -In the leave petition though it has been stated in a general way ‘that the· writ-petitioner was appointed in a temporary post under a development project under CTL on purely temporary basis and had not been regularized”,...
(From previous issue) :10. Fourthly, the learned Advocate submits that the last occurrence of this case allegedly took place on 25-7-2008 at Kallyanpur, Mirpur, Dhaka but Complaint was filed after a reasonable gap on 2-9-2008. So the complainant got ample opportunity to include all the relevant facts of the case in her allegations but the petition of complaint is totally silent in respect of any salish between the parties but the whole evidence is surrounded regarding a Salish between the...
