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Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ...... the four premises on the other side of the street were covered by the covenant. While taking this view the learned Judge observed, "I think the word contiguous' was used there by someone who did not fully understand its meaning. I do not think it was intended to have its strict meaning, viz. "tou......otherwise, consideration of the expression solely on the basis of the dictionary meaning of the word 'contiguity' or ''contiguous" may lead to a conclusion which may not be consistent with the language of statute and in conformity with the object of the legislation. When a phraseology of an enactm..Category: Property Law | Date: | Hits: 66
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ......als are to be allowed. K. M. Subhan, J.—I had the privilege of going through the majority decision in the case expressed by my lord Mr. Justice Munim, where in, I find that his lordship has carefully noted the facts of the case and submissions made at the bar by the learned Counsels appearin......wlands 8 QBD 530; 12 QBD 79; the State of Bomby Vs. Nilkanth Shripad Bhave and another reported in AIR 1954 Bom. 65; Hutchinson Vs. Jauncey. (1950) IRB 574; Gardener Vs. Lucas (1878) 3 A.C. 582 at page 603; Republic of Costa Rica Vs. Erlanger (1874) 3 Ch. D. 62; Akhtar Hossain Khan Vs. The State (..Category: Criminal Law | Date: | Hits: 66
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ......igh Court Division dated 17/18‑3‑91. 4. P.W. 2 BM Sukur Ali @ Pilu, P.W. 3 Amirul Haque @ Dulu, P.W. 4 Abdul Wahab and P.W. 5 BM Imdadul Huq (Tulu), of whom P.W.s. 2, 3 and 5 are full brothers and are nephews of deceased Ekhlasuddin, are the eye‑witnesses to the occurrenc......on evidence is, that deceased Ekhlasuddin Ahmed and his son deceased Ehsanul Huq @ Tunu and Ekhlasuddin's nephew P.W. 2 BM Sukur Ali @ Pilu started on a motor‑cycle for Jessore from their village home at Bendarchar, Police Station Kalia, District Narail on 11.6.85 at about 6‑45 AM. D..Category: Criminal Law | Date: | Hits: 60
Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)
....on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ......sp; Shahabuddin Ahmed CJ.- In this appeal by special leave the only question is whether the High Court Division is well founded in law in refusing pre-emption in full on a finding that the land of the Pre-emptor, who is a contiguous land-holder, is not wholly c......on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ..Category: Property Law | Date: | Hits: 72
Mujibur Rahman, Ex-Collector of Customs Vs. Government of Bangladesh, 1993, 22 CLC (AD)
....lidly made and shall not be questioned in or before any Court on any ground whatsoever, The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 98 ......lidly made and shall not be questioned in or before any Court on any ground whatsoever, The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 98 ...... Moinul Huq, learned Advocate for the petitioner, now submits that a relevant authority, i.e. a Full Bench decision in the case of Mrs. Jamila Multalib Ys. Bangladesh reported in 1 BCR (1981) RCD page 91, which has laid down that once the delegator has abdicated himself wholly of his powers the ..Category: Administrative Law | Date: | Hits: 122
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ...... supply of the grounds of detention, all the basic materials relied upon or referred to in those "grounds" must be applied to the detenu with reasonable expedition to enable him to make a full and effective representation at the earliest. 31. The instant case is worse than the c...... in pursuance of an order of detention dated August 18, 1991 under section (3)(1)(a) of the Special Powers Act, 1974. 3. In the grounds of detention it is stated that the detenu had been engaged in various anti‑social and unlawful activities, and for that there was resentment and h..Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ......he Constitution provides that "Notwithstanding anything contained in this Constitution the laws specified in the First Schedule (including any amendment of any such law) shall continue to have full force and effect and these laws were protected from being declared unconstitutional. APO No.1......al enterprise" or the Respondents' enterprise. Government of Bangladesh, (Appellant in CA No. 31 of 1991) by a notification dated 7 March 1972, (Annexure‑A) took over the control and management of this enterprise, as they say , under the Bangladesh (Taking over of Control and Manageme..Category: Property Law | Date: | Hits: 65
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
....ul Amin Patwary and P.W. 7 Md. Ruhul Amin are public witnesses and P.W. 7 Md. Ruhul Amin are public witnesses and they are also witnesses in the seizure list and the other witnesses are the victim woman herself, four police personnel and a Medical Officer P.W. 8 Dr. AKM Ayub Ullah who examined t......ce of the prosecutrix in a rape case is customarily received by Courts with some suspicion. In certain jurisdictions, it is the rule that the solitary evidence of the prosecutrix being a woman of full age is not accepted as sufficient, but requires corroboration by independent evidence, in ord...... the prosecutrix in a rape case is customarily received by Courts with some suspicion. In certain jurisdictions, it is the rule that the solitary evidence of the prosecutrix being a woman of full age is not accepted as sufficient, but requires corroboration by independent evidence, in order to..Category: Criminal Law | Date: | Hits: 66
Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)
....s to costs. The order of the Labour Court ‑termination of service of respondent No. 1‑will remain unaffected. Ed. This case is also reported in: 45 DLR (AD) (1993) 61 ......irst. Halsbury's Laws of England, 3rd Edition, Volume 25, paragraph 940 states as follows: "940. Condonation: justification for dismissal a question of fact. A master who, with full knowledge of a servant's misconduct, elects to continue him in his service, cannot subsequent......it in the cash counter being a cashier and used to abstain from his duties quite often causing great inconvenience to customers and loss to the Bank. There was complaint against him to the Bank Management following which he misbehaved with one of the officers of the Bank, abused him in filthy la..Category: Labour and Industrial Law | Date: | Hits: 100
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ......zance for an offence of criminal misconduct under section 5(i) of the Act by the Senior Special Judge under section 4(4) of the Act XL of 1958 to the Court of the Special Judge the latter has got the full panoply of powers of the trial Court like the power to frame charge or to alter or add any char......nd to the JPL whose Chairperson was Raushan Ara Begum. Abdus Sattar was a Director of that company. The accused made the transaction illegally in collusion with each other to obtain a pecuniary advantage of taka four crore. 4. After investigation the police submitted charge‑sheet against 18 acc..Category: Anti-Corruption Laws | Date: | Hits: 302
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ......he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ...... of Bangladesh and others..............Respondents Judgment January 31st, 1993. Cases Referred to- Project in Charge Vs. Abdur Rahman 31 DLR 124 and General Manager, Jamuna Oil Company Vs. Golam Rahman & another 34 DLR (AD) 166; Beni Madho Prasad Singh V..Category: Administrative Law | Date: | Hits: 125
Islam Ali Mia alias Md. Islam Vs. Amal Chandra Mondal and another, 1993, 22 CLC (AD)
....Division is set aside, the application under section 561A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ......hows his criminal intention. 4. We have perused the complaint petition and we find that business transactions were going on between the parties for a long time and that the complainant had full confidence in the accused and that the transaction in question did not take place on a particu......rust. Mr. Amirul Islam learned Advocate has appeared for the complainant to support the High Court Division's order. He has argued that denial of the transaction itself by the accused at the last stage shows his criminal intention. 4. We have perused the complaint petition and we find tha..Category: Criminal Law | Date: | Hits: 43
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ......tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ...... children separately since 1958, i.e., since her husband took second wife of the 4 issues, 2 are sons and 2 are daughters. The first issue is 14 years of age, the 2nd is 13 years of age, the 3rd and 4th are 11 and 10 years of age respectively. The evide..Category: Family Law | Date: | Hits: 146
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ......le, reported in A. I.R 1957 Cat. 379, where it was observed as follows:— "The proceedings before the police in investigation are proceedings over which the police alone have full control and neither the Magistrate nor even this Court has power to interfere with such&nbs...... No. 11 one A.T. Mridha is the sole respondent, while in appeal No. 12 there are six respondents. 2. The respondent A.T. Mridha is the proprietor of a firm called Mridha and Co., which is engaged in jute trade. He has a number of godowns for the purpose of stocking jute and jute goods..Category: Criminal Law | Date: | Hits: 125
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ......pendent State. From 1973 to 1976 the respondent met the King of Saudi Arabia several times and prevailed upon him not to recognise Bangladesh or give any assistance to her. On 23 March 1992 he was lawfully asked to show cause why he should not be externed from Bangladesh and why other legal actions ......liberation war, and his voluntarily residing in Pakistan as a citizen of Pakistan he could not be deemed to be a citizen of Bangladesh. The Rajakars, the armed wing of the respondent's party, were engaged in arson, looting and rape and other genocidal activities. The respondent was himself associate..Category: Immigration and Citizenship Law | Date: | Hits: 522
Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)
....nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ......at the lease not being of one year only, the settlement in question given to the plaintiff is illegal, The learned Judge of the High Court Division also found that defendants Nos. 4 and 5 being the full brothers of the original owners, they would get preference over the plaintiff and the cancell......nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ..Category: Property Law | Date: | Hits: 80
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ...... The jurisdictional provisions in the Act are the overriding considerations in determining the applicability of the procedural provisions of the Code of Civil Procedure. The Artha Rin Adalat is not a full-fledged civil Court with all the powers and Jurisdictions of a civil Court. It is a civil Court...... interlocutory order of the Artha Rin Adalat, in this case an order accepting or rejecting the petition under Order VII rule 11 CPC. 2. Respondent No. 1, Agrani Bank, instituted as plaintiff Mortgage Suit No. 21 of 1990 in the Court of Subordinate Judge and Artha Rin Adalat No.1, Chittagong clai..Category: Banking Law | Date: | Hits: 168
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
....e which vitiates marital and social life in the entire sub‑continent and the evil cuts across all religious communities. "Dowry" in the Pocket Oxford Dictionary is stated to be "property brought by woman to her husband at marriage. 6. In the sub‑continent India was the first country to come u...... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ......ate, Gournadi against the accused‑appellant and his brother and father alleging, inter alia, that on 6.2.90 she was married to the accused‑appellant by a registered Kabinnama. At the time of marriage the parents of the complainant gave ornaments and other household articles worth Taka 16,800.00 ..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ......submitted by the appellant, we find only one assessment was made, out of which the major part was received by instalments in the four years following the requisition and possession. If it were the full and final assessment, how could it have been made long before the final acquisition by Notific......ity, in that it was made in violation of the mandatory provision of section 7(e)(i) of the Act. This section provides that the Arbitrator in making an award shall, among other things, take the average market value of the land of similar description and with similar advantages in the vicinity &qu..Category: Procedural Law | Date: | Hits: 104
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......law in restoring the writ petition on extraneous grounds which touched upon the merit of die Rule itself. He further submits that in view of the fact that the writ petition was disposed of after a full hearing for 3 days the High Court Division ought not to have restored the same and the discret......ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ..Category: Procedural Law | Date: | Hits: 102
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