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Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
.... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ...... the impugned judgment of the High Court Division in which it has been noticed that Shusila Bala Ghose died on 17.9.1991, that in the caveat filed by Gopal Ghose it was clearly stated that he was a full brother of late Dayal Ghose and this application was duly supported by an affidavit affirmed ......that probate or letters of administration ought not to be granted in his Court. Explanation.‑"Contention" means the appearance of any one in person, or by his recognized agem, or by a pleader duty appointed to act on his behalf, to oppose the proceeding". ..Category: Property Law | Date: | Hits: 67
Abu Taher Vs. Abdur Razzak and others, 1995, 24 CLC (AD)
....any illegality in upholding the judgment and order of the Election Appellate Tribunal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 160 ......Judge and Election Appellate Tribunal, Comilla, who by judgment and order dated 28.8.93 dismissed the appeal and upheld the judgment and order of the Election Tribunal. The petitioner then unsuccessfully preferred Civil Revision No.3107 of 1993 and the High Court Division by judgment and order d...... Fazlul Karim, learned Advocate for the petitioner, reiterated the submissions made before the High Court Division, namely, that on the basis of the petitioner's application dated 2.12.91 to the Manager, Kondapati Bazar Branch of the Krishi Bank, the said Branch forwarded his application for rem..Category: Others | Date: | Hits: 101
Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
....Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......in her examination – in ‑ chief that Milon also heard about it. She did not specifically state that when Jaj Mia disclosed the names of the appellants both of them heard together. Thus, if we carefully scrutinize the evidence of P.W.s 3 and 4, then we find that Milon was in the homestead and cam......ution case, in short, is that deceased Abdul Rashid used to run grocery shops in different 'hats' and Bazars. On 23.7.87 at about 3‑00 PM the said Abdur Rashid being accompanied by his son Jaj Miah aged about 8/9 years went to Kamarganj Bazar to run his grocery shop (Monahari Dokan). On the same d..Category: Criminal Law | Date: | Hits: 49
Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)
....jurisdiction in setting aside the findings of the Tribunal. 13. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 143 ......the appeal of respondent No.1 and declared the impugned order of compulsory retirement from service as illegal and invalid and directed to treat the respondent No. I to be in service as before with full pay and other benefits. 7. Leave was granted to consider whether the Appellate Tribuna......t (i) on 29,8.1987 at about 9‑00 AM he abused Mr. Mofizullah, a dealing Assistant and Mr. Sarker Alauddin, an Upper Division Clerk of the Central Office T & T Board. Dhaka in filthy language, (ii) that on 20.2.1988 at about 10‑30 AM he assaulted Mr. Sarker Alauddin TCM on duty in..Category: Administrative Law | Date: | Hits: 138
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138......as a public and open enquiry. The persons who were appointed to conduct the enquiry were all responsible high officials of the Government against whom no complaint has been made by the appellant. The full Enquiry Report has been made available to us by the learned Additional Attorney‑General and i......erent from the one for which the power was entrusted. The impugned order is therefore not a colourable exercise of power, he submits. 12. The provision of retiring a Government servant before the age of superannuation after an employee has completed a reasonably long period of service was there ..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
.... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ......he President has asked from the Supreme Court merely a cure for the political headache of the authority while the Constitutional process itself is in jeopardy. All the learned Counsels, however, made full submissions on the different aspects of the Reference. We wish to put on record our deep admira......8) AC 331; Allocation of Lands and Buildings AIR 1943 FC 13: In Presidential Election 1974, AIR 1974 (SC) 1682; AIR 1979(SC) 478; Umayal Achi Lakshmi Achi AIR 1945 FC 25; AIR 1992 SC 522, para 31 at page 558; (Hamilton Street Rly [1903] AC 529); [1898] AC 700 (711); AIR 1965 SC 745; M Ismail Faruqui..Category: Constitutional Law | Date: | Hits: 248
Abdul Munern Chowdhury @ Momen Vs. State, 1995, 24 CLC (AD)
..... 5. There is thus absolutely no reason to interfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ....... 5. There is thus absolutely no reason to interfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ...... December 1994. 2. Mr. AKM Foiz, learned Advocate for the petitioner appearing with the leave of the Court, submits that the application of the petitioner was wrongly rejected ignoring the age of the petitioner as entered in the registration card produced by him. 3. Under section..Category: Criminal Law | Date: | Hits: 66
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
....adow of doubt that the condemned prisoner‑appellant Jahiruddin intentionally Committed the murder by causing the death of his wife Velua Khatun on an unfounded suspicion that his wife was a woman of bad character". 7. Leave was granted to consider whether the High Court Di......prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ......on 21 May 1987 where he made a confessional statement. 4. In his confessional statement the appellant stated that about 4 months before he married Velua Khatun. After two months of the marriage one day he found his bed wet. He interrogated his wife and carne to believe that she had illici..Category: Criminal Law | Date: | Hits: 73
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ......ed 24 July 1989 of the Ministry of Establishment Division and the Superior Selection Board was decentralized and the respective Ministries were vested with the power, amongst others, of appointing full‑time Directors of the autonomous bodies. In the instant case respondent No.1 had authori......sp; M H Rahman CJ: The appellant retired from military service on 29 June, 1983 on completion of about 15 years of active service at the age of about 36 years. On 18 December 1988 he was appointed as a Director of the Bangladesh Oil, Ga..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ......ssed without lawful authority, etc. 10. The appellant's case, briefly, is that the aforesaid holding was allotted by the then Government to one Zafar Ali in the year 1960 and on payment of full premium a lease deed was executed and registered for a period of 99 years. Zafar Ali died on 1......ration his where about was not known and the case property vested in the Government as abandoned property under President's Order No. 16 of 1972 and the same had been under the absolute control, management and supervision of the Government through different allottees. The appellant filed the suit..Category: Property Law | Date: | Hits: 86
Hasan Ali and others Vs. State, 1995, 24 CLC (AD)
....ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ......ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ......ne was kept in tact. The appellants filed a leave petition challenging their conviction and sentence but leave was granted to by us only in respect of the sentence, particularly, in view of the old age of appellant No. 1, Hasan Ali. 2. The allegation against the appellants, which resulted..Category: Criminal Law | Date: | Hits: 60
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ......t. 5. Leave was granted to consider the appellant's submission that there being a clear assertion in the affidavit‑ in ‑opposition that the enquiry proceedings were conducted in full compliance with the principle of natural justice and the respondent having not filed any affid......nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ..Category: Employment/Service Law | Date: | Hits: 134
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
.... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ......eal. 17. In order to appreciate the points at issue it will be necessary to refer again and again to the order of detention and the grounds therefore supplied to the detenu which are reproduced in full below: “গণপ্রজাতন্ত্রী বাংলাদেশ সরক...... the midnight following. at 0.45 hours (21.3.93), the detenu was arrested under section 54 Cr.P.C. and thereafter produced before a Magistrate with a written allegation by the Kotwali Police of espionage against him and stating further that the higher authorities had already directed his detention u..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......"friend in deed". As to the respondent, there is clear admission of the appellant in his letters (Ext.1 series) that the appellant regarded him as the best of his friends and he expressed full confidence in him. In these circumstance’s, there is no scope for any doubt that these ......o grossly inadequate, with reference to the state of things existing at the date of the contract, as to be either by it self or coupled with other circumstances, evidence of fraud or of undue advantage taken by the plaintiff". Appellant (PW 1) is the only witness to say that in 1977 the nor..Category: Property Law | Date: | Hits: 69
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ...... served on appellant No. 1 personally and was received by him on behalf of his sister appellant No. 2. They did not show themselves up at the time of hearing. Hence the impugned order was passed in full compliance with the principles of natural justice. 9. We are not impressed by this arg......ing the appellants' Writ Petition No.1997 of 1993. 2. The appellants' case, in brief, is that they are brother and sister. Their parents were married on 30.6.61 at Bogra. At the time of marriage their mother Syeda Begum was serving as an Inspector of Customs and Excise and their father Sy..Category: Property Law | Date: | Hits: 62
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......d two LA cases, there ensued a clash of interest between the appellant and the RAJUK which provides the background of the appellant's writ petition. 11. I shall come back to the facts of the case fully and in a formal manner as set out by the parties in their petitions and affidavits before the ......acquisition under LA Case No. 2 of 1987‑88. This exclusion, the appellant contends, will not serve any purpose and this, along with the acquisition of land for widening the Ranabhola Road will sabotage the entire Housing Project. In this background the applicability of the doctrine of promissory e..Category: Property Law | Date: | Hits: 79
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ......nted "the rank of the Brigadier from the date any of his junior Applicability colleagues in the AMC was first promoted to that rank" and "compulsory retirement from the service with full benefits." On 7 July 1983 a note was sent by the Military Secretary of the Army Headquart......1982(SC) 1413; KD Gupta vs. Union of India AIR 1983 (SC) 1123 and Ranjit Thakur vs. Union of India AIR 1987 (SC) 2386; State of UP vs. Babu Ram AIR 1961 (SC) 751, 759; Moti Ram Deka vs. General Manager. NEF Railways AIR 1964 (SC). 600, 620‑21). Union of India vs. Subramanian AIR 1976 (SC) ..Category: Constitutional Law | Date: | Hits: 203
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ......vent of his success in the earlier suit his remedy would have been complete and effective. The filing of the subsequent suit is an act of compulsion and not of choice. The appellant still retains the full right obtain complete relief in the earlier tide suit by incorporating facts and prayers which ......within the time stipulated and time being of the essence of the contract was not entitled to specific performance of contract. The bainapatra was collusively amended by the appellant by changing two pages. 1.07 acre of land was stipulated to be sold but by collusively changing bainapatra the area to..Category: Property Law | Date: | Hits: 59
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ......the Allahabad High Court in Ananti Vs. Channu, JLR 52 All 501 = AIR 1930 All 193, in which the general principles which should govern the question of jurisdiction of a suit at its inception were very fully discussed and elucidated: “The plaintiff chooses his forum and files his suit. If he ......d with article (4) of the Second Schedule gives exclusive jurisdiction to the Court of Small Causes to entertain and try a Suit for ejectment of a tenant by his landlord. There is nothing in the language of these provisions to suggest that the plea of the defendant will determine or change the forum..Category: Tenancy Law | Date: | Hits: 87
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ......reedom of speech and expression and of the press as occurring in the said Article 39(2), that even if they were so, the impugned Act putting restriction on publication and sale of note-books was lawfully passed in the interest of decency and morality and that the restriction imposed by the impugn......onal Attorney-General. 6. In order to appreciate the point at issue in these appeals we may now turn to the facts of the case which are nearly common. The writ-petitioner-respondents are engaged in the business of publication, distribution and selling of books including ‘note-books&..Category: Intellectual Property Law | Date: | Hits: 279
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