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....y comment.
The appeal is allowed with cost and the case is sent back to the High Court Division for disposal in accordance with law.
Ed.
This case is also reported in:47 DLR (AD) (1995) 162.
......with law.
Ed.
This case is also reported in:47 DLR (AD) (1995) 162.
......nd schedule, for recovery of possession of the first schedule, for manse profit and for injunction restraining the defendants from further constructing, from cutting trees, etc. and from changing the nature and feature of the suit land.
3. Defendant‑respondents having entered appearance filed a..
Category: Property Law | Date: | Hits: 46
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ......ivision (Civil) Present: ATM Afzal J Mustafa Kamal J Latifur Rahman J Judgment: April 6th, 1995. Superintending Engineer and others....................Appellants &n......ch was sent to the recorded address of the respondent, should also have been sent to the respondent's Magura address or published in a newspaper. The 1976 Rules do not create an obligation of this nature on the part of the appellant. For all the above reasons the impugned judgment and ord..Category: Property Law | Date: | Hits: 124
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...... Ed. This case is also reported in: 47 DLR (AD) (1995) 138......mely, the cases of Union of India Vs. ME Reddy, AIR 1980 (SC) 563 and Union of India Vs. JN Sinha, AIR 1971 (SC) 40. 18. What we have to remember in applying the Indian decisions on cases of this nature is that while the various State Governments of India have laid down certain guidelines to det..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. ......ed in: 47 DLR (AD) (1995) 111. ......, it is necessary to begin from the beginning. Article 106 reads thus: 106. If at any time it appears to the President that a question of law has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court..Category: Constitutional Law | Date: | Hits: 248
Shameen Vs. Government of Bangladesh & others, 1995, 24 CLC (AD)
....l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed.  This case is also reported in: 47 DLR (AD) (1995) 109. ......€¦â€¦â€¦..........Appellant  Vs. Government of Bangladesh & others.........Respondents Judgment March 14, 1995. Result: The appeal is allowed. Cases Referred to- Md. Shahabuddin Vs. District Magistrate, 24 Parganas and others (1975) 4 SCC 114; Altaf Ahmad Matoo Vs. State and......onable apprehension or satisfaction for making an order of detention". 5. In that case the above observation was immediately followed by the following:' But where the allegations are of serious nature the detaining authority may consider them and, despite the pendency of a criminal case, can m..Category: Criminal Law | Date: | Hits: 75
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
....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 ......th imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ......ourt refused to commute the death sentence. It was held that delay by itself is not an extenuating circumstance for commuting the sentence and that there must be other circumstances of a compelling nature which together with delay will merit such commutation. This is not a case of inordin..Category: Criminal Law | Date: | Hits: 73
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ......gainst them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ......eeding against the respondents at this stage without cognizance being taken by the Sessions 13. We have purposely quoted extensively from the impugned judgment as above to show the malafide nature of the investigation which was undertaken by the Criminal Investigation Department after the..Category: Criminal Law | Date: | Hits: 57
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 ......igh Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ......onclusion. It cannot be said that there are no particulars at all in the said statement of facts. There is specific reference to a letter alleged to be written by the detenu which is incriminating in nature. It is true that some more particulars about the detenu's activities in connection with his a..Category: Constitutional Law | Date: | Hits: 185
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. ......on the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. .......2.83 mean that on the date of approval the area covered by the layout plan should be already in possession of the developer. Both the approval dated 4.10.78 and the sanction dated 27.2.83 are in the nature of a go‑ahead signal to the developer to go on acquiring land by private purchase and negot..Category: Property Law | Date: | Hits: 79
Abdul Motaleb and others Vs. Shahed Ali and others, 1995, 24 CLC (AD)
.... for the petitioners, could not show any error of law in passing the impugned order. 4. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 09 ...... 4. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 09 ......ision as section 152 of the. Code only contemplates amendment of the decree in respect of any clerical or arithmetical mistake but doses not contemplate amendment of a decree of such a substantial nature. 3. Mr. Md. Harun‑ur‑Rashid, learned Advocate appearing for the petitione..Category: Property Law | Date: | Hits: 64
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. ...... Judgment August 14, 1996. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Events and developments evolved and transpired after the filing of the suit may be incorporated by way of amendment of the plaint. The plaintiff as the arbiter......in the pleadings and prayers of another pending suit by way of amendment. Mr. Fazlul Huque submits that the position taken by the High Court Division is in an absolute turning over of the eyes on the nature and purposes of the two suits and the inextricable connection between them. 11. Dr. Ahmed ..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 ......(1996) 205 ...... from the cognizance of a Court of Small Causes. (2) Subject to the exceptions specified in that schedule and to the provisions of any enactment for the time being in force, all suits of a civil nature of which the value does not exceed two thousand five hundred takas shall cognizable by a Cou..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. ......ladesh National Curriculum and Text-Book Board…………. Appellant (In Civil Appeal Nos. 76 & 77 of 1993) Government of Bangladesh, represented by the Secretary, Ministry of Law & Justice, Parliamentary Affairs & another…………&h......ity of the impugned Act has been called in question on the ground of alleged violation of a fundamental right as provided in Part III of the Constitution it will be necessary to ascertain the true nature and character of the said Act, the area in which it is intend to operate, the objective it i..Category: Intellectual Property Law | Date: | Hits: 279
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178.......ll not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178....... exercise of review jurisdiction. On a proper consideration it will be found that the principles underlying the limitations mentioned in Order XLVII, rule 1, Civil Procedure Code, are implicit in the nature of review jurisdiction. While I would prefer not to accept those limitations as if they place..Category: Property Law | Date: | Hits: 80
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ......) 171 ......and parameter of complete justice also vary. Sometimes it may be justice according to law, sometimes it may be justice according to fairness, equity and good conscience, sometimes it may be in the nature of arbitration, sometimes it may be justice tempered with mercy, sometimes it may be pure co..Category: Constitutional Law | Date: | Hits: 161
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
.... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ...... Bikash Roy Choudhury J Sadharan Bima Corporation…………………………………. Appellant Vs. Bengal Liner Ltd. and another………………………&hellip......advert to the grounds on which leave has been granted and at the same time explain certain preliminary postulates relating to the policy to avoid any misunderstanding in future litigations of this nature. 9. As to the law to be followed in determining issues of marine insurance in general..Category: Business or Commercial Law | Date: | Hits: 151
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ......llip;………………………………………………………………Plaintiff-Appellant Vs. Md. Arifur Rahman @ Badsha Chairman………&hell...... defendant admitted that the plaintiff had purchased the suit premises for bona fide requirement. Except the oral assertion of the plaintiff there is no other evidence on record with regard to the nature of requirement of the plaintiff for the Suit premises. The defendant in his evidence clearly..Category: Property Law | Date: | Hits: 52
Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 1996, 25 CLC (AD)
.... that prayer for the proposed amendment of the plaint. The appeal is, therefore, dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 120 ......) 120 ...... 4. The learned. Subordinate Judge by his judgment and order dated 26-1-1985 rejected the belated prayer for amendment of the plaint on the ground that there was every possibility of changing the nature and character of the suit if the prayer for amendment is allowed. The appellants thereafter..Category: Property Law | Date: | Hits: 52
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ......d)………………………………………………………………...Plaintiff-Appellant Vs. Mrs. Rukshana Matin and others…………&h...... child and also disturb the natural life of the mother, that the agreement was void under section 23 of the Contract Act, that there cannot be a compelling force of law with the I direction in the nature of mandatory injunction, that J the arrangement between the parties was not permissible in l..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ......al J Md. Abdur Rouf J Jamila Khatun…………………… Appellant Vs. Rustom Ali………………….... Respondent Judgment March 7, 1996. Result: The appeal is allowed in part. Cases Referred to- Abdul Futfer Moulvie Vs. Pabunesa Khatun, (1881) ILR 6 (Cal) 631; ......against him when he is in a position to repay. the amount as held by Amir Ali on the authority of Fatawa i Alamgiri and Radd-ul-Muhtar alluded to earlier It is thus difficult to say that it is in the nature of an ex gracia payment which cannot be claimed for a past period of time. “16. The main..Category: Family Law | Date: | Hits: 198
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