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Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)
.... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ......ption proceeding under section 24 of the Non-Agricultural Tenancy Act, 1949. 10. The pre-emptor Abdul Karim and his father Momin Biswas purchased five kathas i.e. 0.0825 Ajutangsha of land from CS Plot No. 968 in equal share by registered deed on 24-4-60 and thereafter on the death of hi...... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ...... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ..Category: Property Law | Date: | Hits: 57
....5)(a) of the Ordinance which is also an infirmity of the said list. The appeal is accordingly dismissed without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 36.
......ntractors’ workers were enumerated came to the conclusion that since the documents and papers of the Mills clearly showed that the contractors’ workers were all casual workers, they were debarred from being enlisted as voters for election of the CBA under the provisions of section 22(5)(a) of th......true construction of their terms of employment. He elaborates his arguments saying that the incidence of employment of these workers with KPM are missing in the case. They were merely employed by the independent contractors personally. So they were not even casual or badli workers of KPM as held by ......5)(a) of the Ordinance which is also an infirmity of the said list. The appeal is accordingly dismissed without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 36.
..
Category: Labour and Industrial Law | Date: | Hits: 163
Narayan Chandra Das and others Vs. Abdur Jabbar Dewan and others, 2000, 29 CLC (AD)
.... the petitioner is a good point for granting lease, the petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 35. ......st which the Rule obtained by the plaintiff- petitioners in Civil Revision No. 1769 of 1994 was discharged by a learned Single Judge of the High Court Division by judgment and order dated 22-06-97 from which the plaintiff-petitioners have preferred this petition for leave to appeal. 2. ...... the petitioner is a good point for granting lease, the petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 35. ...... the petitioner is a good point for granting lease, the petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 35. ..Category: Property Law | Date: | Hits: 73
Abdul Kader Khalifa Vs. Saju Bibi and others , 2000, 29 CLC (AD)
....rcumstances of the case we do not find any illegality in the impugned judgment. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 34. ....... Abdur Rouf J.- Defendant No. 17 “Ka” of Title Suit No. 188 of 1970 (Partition) of the Court of Subordinate Judge, First Court, Barisal has preferred this petition for leave to appeal from the judgment and order dated 8-5-97 passed by a Single Bench of the High Court Division&......rcumstances of the case we do not find any illegality in the impugned judgment. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 34. ......rcumstances of the case we do not find any illegality in the impugned judgment. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 34. ..Category: Property Law | Date: | Hits: 51
Hazera Khatun Vs. Dr. Md. Enayetullah, 2000, 29 CLC (AD)
.... discharged also on that ground correctly by the High Court Division. On the above grounds we dismiss this petition. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 33. ......the High Court Division in Civil Revision No. 3536 of 1998). Judgment: AM Mahmudur Rahman J.- By this petition the petitioner seeks an order for leave to appeal from the judgment and order dated 19-11-98 of the High Court Division discharging the Rule issued i...... discharged also on that ground correctly by the High Court Division. On the above grounds we dismiss this petition. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 33. ...... of the disputed property the High Court Division fell into error to find that the petitioner did not pay any rent for 18 years for the premises. He also argued that as the petitioner has no other source of living except her Saw Mills running on the suit premises the High Court Division upon mis..Category: Property Law | Date: | Hits: 87
University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)
....he decision sought to be appealed from does not suffer from any infirmity of law. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 17. ......the given circumstances without any opposition will not be interfered with simply on the ground of availability of alternative efficacious remedy especially when the decision sought to be appealed from does not suffer from any infirmity of law………………(10)&n......he decision sought to be appealed from does not suffer from any infirmity of law. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 17. ......he decision sought to be appealed from does not suffer from any infirmity of law. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 17. ..Category: Constitutional Law | Date: | Hits: 201
Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)
.... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ......bmits that there is inordinate in holding TI parade which rendered the same meaningless. 5. Before the trial Court as many as 15 witnesses were produced and examined and of them PWs 1-2 are from the house where the dacoity took place. PWs 3-5 are neighbouring people who deposed on the co...... and another reported in 1992 Supreme Court Decision Vol. 111 page 700 has held that great care must be exercised before acting on a belated identification by a witness who cannot be said to be an independent and unbiased person. In the case of total strangers, it is not safe to place implicit ...... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ..Category: Criminal Law | Date: | Hits: 92
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ......ppeal No. 36 of 1995. (From the judgment and order dated 24-8-94 passed by the High Court Division, Dhaka in Writ Petition No. 449 of 1994). Judgment ATM Afzal CJ. - This appeal by leave is from judgment and order dated 24 August, 1994 passed by a writ bench of the High Court Division maki......ctory (3) That he has violated any of the provisions of this Ordinance or rules made thereunder. (4) That he has violated prescribed code of conduct. 35. These above grounds are distinct and independent. In the show cause notice dated 9-2-94 it has been clearly stated that the respondent af......this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ..Category: Constitutional Law | Date: | Hits: 192
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ......Dhaka in Criminal Appeal No. 258 of 1992). Judgment: ATM Afzal CJ: In this appeal by leave against an order of acquittal of the lone respondent from the charge of murder and grievous hurt passed by a Division Bench of the High Court Division b......nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ......nce or art, the coup may resort to appropriate books or documents of reference. In England living authors are not regarded as authorities for purpose of admissibility as he so be examined as to the source of his informant Whether the author is living or dead, the book of reference must be an app..Category: Criminal Law | Date: | Hits: 77
Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)
....ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ...... No. 835 of 1991). Judgment Bimalendu Bikash Roy Choudhury J.- This appeal originates from Money Suit No. 9 of 1985 of the First Court of Subordinate Judge, Dhaka. The respondent Hosne......ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ......ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ..Category: Property Law | Date: | Hits: 72
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
....ke such statements on their face value as these are commonplace statements often designedly made to attract the Court’s jurisdiction. The Court should therefore look into the case records for corroboration of such statements of the accused person to satisfy itself that the statements have a......5-94 passed by the High Court Division in Writ Petition No.720 of 1994). Judgment: Mustafa Kamal J: This appeal by leave by the convicted-appellant is from the judgment and order of a Division Bench of the High Court Division dated 10-5-94 in Writ Pe...... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ...... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ..Category: Criminal Law | Date: | Hits: 98
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ...... the consideration. In fact, he made no payment of the consideration. Therefore the kabala remained with the plaintiffs. After the conclusion of the requisition case the plaintiffs demanded the money from the defendant but he did not pay the same and, on the other hand, wrongfully occupied the porti...... to be ordered having regard to the case made out in the plaint, then it must be held that payment of fixed court fee under Article 17 (iii) of Schedule II is not sufficient” 13. Sayem J. in his independent judgment agreed with the view of Hasan, J. quoted herein above and expressed himself thu...... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ..Category: Tenancy Law | Date: | Hits: 88
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ......1 was very affectionate to him. He purchased schedule 1 land in her name by means of a Kabala dated 9 July 1952 on payment of the entire consideration. Similarly, he purchased schedules 2-5 lands from different persons by the kabalas dated 10 September 1956, 5 November 1956 and 9 September 1957 ...... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ......um vs. Mahmudur Rahman 34 DLR (AD) 61 traced the history of benami transaction and also the law propounded by the Privy Council for the following conclusions: “In a benami transaction source of purchase money is an important criteria (sic) but it is not conclusive. The initial presu..Category: Procedural Law | Date: | Hits: 140
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ......on Dhaka in Writ Petition No. 1950 of 1992). Judgment ATM Afzal CJ.- This appeal by leave from an order dated 31st May 1992 passed by Division Bench of the High Court Division rejected Writ......the time of revocation and withdrawal of Martial Law against the original order of redemption and, as such, that right has not been revived or restored. The impugned order, it was held, was not an independent order of eviction but towards implementation of the earlier order which was the subject......d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ..Category: Property Law | Date: | Hits: 88
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ...... local authority within the meaning of section 7(2) (e) of the Local Govern (Union Parishads) Ordinance), 1983, briefly, the Ordinance and that the appellant being a full time teacher disqualified from being a Chairman of Union Parishad thereunder. 2. Respondent No. 1 who is a voter in......ondary school is disqualified for ejection as Chairman of a Union Parishad under section 30(1)(b) of the Ordinance of 1961 and that the provisions of section 30(l)(b) and section 30(2) thereof are independent of each other and mutually exclusive is not correct. Section 30(1) (b) does not provide......cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ..Category: Others | Date: | Hits: 85
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ......ppeal No. 328 of 1986). Judgment: ATM Afzal CJ: This is an appeal by the State, following leave, from the judgment and order dated 23rd August, 1990 passed by a Division Bench of the High Court Di......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ...... different legal systems. One is an ordinary Court under the ordinary law of the land; the other is an extraordinary Court under an extraordinary system which operates by abrogating or keeping the source of all law, namely, the Constitution suspended. Then again Mr. Hossain has rightly pointed o..Category: Criminal Law | Date: | Hits: 120
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ......ion : Per Mustafa Kamal J delivering The Full court Judgment. ……………… (40) Per Latifur Rahman J (agreeing): An expression appearing in the Constitution must get its light and sustenance from the different provisions of the Constitution and from the scheme and objective of the Constitut......ied policies, surveyed and examined legal, quasi-legal issues, institutional aspects and traditional issues on environment and ecology and actively participated in many government, non-government and independent national and regional/international activities and has gained widespread recognition bot...... Dr. Mohiuddin Farooque……………………………………………………………………..Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood Control and others………………………………. Respondents Judgment ..Category: Constitutional Law | Date: | Hits: 450
Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)
....he submission of the learned Advocate. No case for leave has been made out. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ......e then District Judge, Natore as an inquiry official found him guilty and in pursuance thereof the concerned authority after consultation with the Public Service Commission dismissed the petitioner from service with effect from 11-4-88 under Rules 4(3)(d) of the aforesaid Rules, 1985. On 18-3-89,......he submission of the learned Advocate. No case for leave has been made out. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ......he submission of the learned Advocate. No case for leave has been made out. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ..Category: Administrative Law | Date: | Hits: 133
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
....e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ......ated 23-9-96. The petitioner’s revision application, Civil Order No. 1924 of 1997, was dismissed summarily by a Division Bench of the High Court Division by judgment and order dated 17-2-97 from which the petitioner has preferred the petition for leave to appeal. 2. Mr. SR ......e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ......e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ......il Procedure, 1908 (V of 1908), Or. IX r. 13 It is a cardinal principle of administration of justice that no result of any judicial proceeding should be allowed to receive judicial approval from any court of law whenever it is obtained by practising fraud upon the court; reason being frau......he above stated facts held that a fraud had been practised on the court in obtaining the ex parte decree in question, but the learned Subordinate Judge illegally directed the defendants to file an independent suit. The learned Judges of the High Court Division without considering the allegations......udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ..Category: Property Law | Date: | Hits: 76
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