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Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
.... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ...... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ......Monirul Huq, the Assistant Headmaster, to act as the Acting Headmaster of the said school. 2. Relevant facts, in brief, are that, the petitioner as a Headmaster of the aforesaid school crossed the age of superannuation, 60 years, on 30-8-95. He filed an application on 12-7-95 for extension of his..Category: Constitutional Law | Date: | Hits: 163
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ......eyance by the plaintiff 28 Magh 1365 BS and therefore the suit was not barred by limitation and the agreements for reconveyance were enforceable. Accordingly, the learned Munsif decreed the suit in full on 28 January 1963. 5. The heirs of the transferee-defendant preferred Title Appeal No.......f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ..Category: Property Law | Date: | Hits: 60
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ......d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ......a borrower or his surety makes default in repayment etc., the Corporation notwithstanding the provisions of any other law may, without the intervention of any Court, sell any property pledged, mortgaged, etc. Sub-article (3) provides that all sums due to the Corporation from the borrower or his ..Category: Business or Commercial Law | Date: | Hits: 117
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ......Mirpur Housing Estate, Dhaka under a deed of lease No. 8783 dated 15 November 1968 executed by the then Government for a period of 99 years on payment of Taka 9306.00 as salami. Ayesha Bibi was his full sister. They used to live at their paternal house at 9. Shirish Das Lane, Sutrapur, Dhaka. On......t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ..Category: Property Law | Date: | Hits: 82
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 ...... 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 ...... by the plaintiff in the benami of defendant No. 1 had not been substantiated. It was against the normal human conduct that the father would buy land in the name of his daughter even after her marriage: The plaintiff failed to lead any reliable evidence to prove that he paid the consideration mo..Category: Procedural Law | Date: | Hits: 140
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ......d, without being reversed by the High Court Division, that the plaintiffs failed to prove settlement of the suit land with their mother Asia Khatun. If the plaintiffs are desirous of getting their full share as claimed in the present suit they must take the responsibility of proving their claim ...... that this concurrent finding of fact is bad either owing to misreading of evidence or omission to consider material evidence on record or for any other sufficient cause which has caused a miscarriage of justice. There is no such finding by the High Court Division. He further submits that both t..Category: Property Law | Date: | Hits: 77
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 ......government secondary school is a 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. Res......1 therein, to show cause, among others, as to under what authority he(the appellant) was holding the office of the Chairman of Hoglapasha Union Parishad within Police Station Morrelgonj, District Bagerhat. It is inter alia, stated that the appellant and one Probir Kumar Halder contested the elec..Category: Others | Date: | Hits: 85
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. ......stafa Kamal, J. I had to go through all these judgments and have no option now but to write few lines to justify my participation. 2. Facts of the case and the relevant decisions have been noticed fully in the main judgment. I shall therefore avoid repetition. 3. As to the core question in thi......n his judgment in the historical and constitutional perspective with which I agree entirely. 4. The liberalised view as expounded by my brother is an update, if I may say so, of the liberalisation agenda which was undertaken in the case of Kazi Mukhlesur Rahman 26 DLR (SC) 44. It is a matter of s..Category: Constitutional Law | Date: | Hits: 450
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ......n from Bangladesh Krishi Bank, Monoharpur Branch, Comilla against pledge of goods. Bangladesh Krishi Bank sanctioned an amount of Taka 30 lakh, which was repaid by respondent No.1 with interest in full. Respondent No.1 thereafter applied for loan in the year 1982 and the appellant-Bank again san...... under section 10A of the Public Demands Recovery Act, 1913 are passed without any lawful authority and are of no legal effect. 2. Respondent No.1, namely, Meghna Enterprises Ltd. a cold storage and Ice plant at Barkamta under Debidwar Police Station, Comilla applied for loan from Banglade..Category: Business or Commercial Law | Date: | Hits: 150
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ......his exercise judicial review was not necessary. Indeed the matter being one relating to the terms and conditions of service, the jurisdiction of the High Court Division is excluded. The matter was fully cognizable by the Administrative Tribunal………….(22) (ii) th...... Division and the order impugned in the writ petition being a Martial Law Order, the writ petition was maintainable. 15. In support of his submission Dr. Hossain read out several passages from the case of Asma Jalani vs. Government of Punjab PLD 1972 (SC) 139 and the book Constitu..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ...... sanction for setting up a spinning mill with a capacity of 12,500.00 spindles, but as the Railway administration delayed in the execution and registration of the lease deed in spite of payment of full consideration amount for the land in question, the Unnayan Parishad faced difficulties in impl......entures through collective efforts. The Unnayan Parishad filed an application on 12-12-79 to the Secretary, Ministry of Railways, for getting lease of 12 acres of excess land of the Railway at village Jinardi for the purpose of setting up an industry there. The Ministry forwarded the application..Category: Administrative Law | Date: | Hits: 130
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......opment surcharge may not be payable before 1-7-97 but that is so small portion of the total duty involved that it will be harmful to the public interest to prevent the authority from collecting the full duties levied before release of the goods. There is a provision for refund under section 33 o......peding the collection of public revenue……..[21 (6) & (7)] (ii) It is in the public interest to protect private interest which stands in the danger of being irretrievably damaged or face extinction. An interim order can also be passed when the order under challenge is show..Category: Criminal Law | Date: | Hits: 119
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ......ession of the appellant Airport Manager as he had carried some injury in his two right-hand fingers while his confession was recorded by a Magistrate, but we found that the High Court Division carefully noticed as many as eight circumstances all of which are incompatible with the innocence of th...... rigorous imprisonment for 7 years…………………..(14 & 15) The Penal Code, 1860 (XLV of 1860), section 109 (ii) The appellant Airport Manager is an abettor. An abettor in principle ought not to be awarded a higher punishment than that ..Category: Criminal Law | Date: | Hits: 130
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ......llowing the appeal in part and modifying the decree of the trial Court. First Court of Subordinate Judge, Khulna passed in Money suit No. 3 of 1992 which decreed the plaintiff’s suit in full for Taka 2,35,17,569.00 with interest at the rate of 5% above bank rate on monthly rest till&......908 (V of 1908), Section 34 The failure of power supply in the freezing plant is in fact failure of public power supply as per endorsement number 903 of DOS Policy, consequently causing damage of huge quantity of shrimp kept stored in the freezing plants which the respondents are liable ..Category: Business or Commercial Law | Date: | Hits: 147
Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)
....ity of the application for pre-emption the same calls for no interference. These petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ...... or contiguous landholder of the alleged case holding No.185. The purchaser- respondents are co-sharer by purchase over the case holding and plot by way of kabala deeds and that the pre-emptor had full knowledge of the sale transaction as the vendor Shekhar Chandra Banarjee went to the pre-empto......ity of the application for pre-emption the same calls for no interference. These petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ..Category: Property Law | Date: | Hits: 51
Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)
....he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ......be stated that both the trial Court and the learned Single Judge of the High Court Division found on consideration of the entire evidence on record, both oral and documentary, that defendant No.1 had full knowledge of the change of ownership. There being valid notice of attornment on the defendant o......he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ..Category: Tenancy Law | Date: | Hits: 78
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ......spondent No. 1 is running 60 years in age and has much better physical, mental and educational strength. He has also higher educational qualification than that of the appellant. The Government giving full weight age to the tradition, customs, age, fitness and educational qualification selected respo......he judiciary to select a Bohmang Chief. The selection will have to be made by the executive only. The court will once enquire whether the selection has been made following the tradition, custom and usage which govern such selection. If so made judiciary will not intervene. If extraneous consideratio..Category: Civil Law | Date: | Hits: 203
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ......Jail (in the writ petitions) on 12-7-1984 in England and the marriage was duly registered at the Registrar’s office in Rawtenstall, Hyndburn and Ressendale, county of Lancashire, England. She was a full-time house -wife engaged in bringing up her four young children as named above. 4. All the ......he Dagon Bhuiyan Union Parishad and her mother being a resident in Middlesborough, England. She was married to respondent No. 1 Abdul Jail (in the writ petitions) on 12-7-1984 in England and the marriage was duly registered at the Registrar’s office in Rawtenstall, Hyndburn and Ressendale, county ..Category: Family Law | Date: | Hits: 250
Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)
....lia, that the suit is not barred by limitation as the plaintiff herself proved her date of knowledge as on 19-2-77 and as the Suit was filed on 7-3-77; that the plaintiff being a pardahanshin village woman did not get independent and free advice before executing the kabala and found that the impugne...... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ......a that his mother executed and registered the same in her favour after getting consideration of Taka 3,000.00. Plaintiff’s other sons are serving in different places of the country and taking advantage of the illness of the plaintiff, defendant No. 2 took her to Bheramara for better treatment and ..Category: Procedural Law | Date: | Hits: 154
Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)
....could not disprove by examining an expert is also to the same effect. Even the defendant and all his witnesses could not deny that the plaintiff wore vermilion and conch bangles which a married Hindu woman wears in this country. They could not disclose whom else she was married to. Those apart, It i......ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ......y J Utpal Kanti Das ……………………………….Appellant Vs. Monju Rani Das ………...Respondent Judgment July 22, 1997. Result: The appeal is dismissed. Marriage according to Hindu Law Once celebration of a marriage in fact is established, there shall be ..Category: Family Law | Date: | Hits: 212
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