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Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
....e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ......6. Result: The appeal is allowed. Cases Referred to- Bangladesh vs. M Mustafa and others 35 DLR 404 Saleh Ahmed Joarder vs. People’s Republic of Bangladesh, 36 DLR ( 26 and Executive Engineer Public Health, Barisal Division vs. Mohammad Ali, 41 DLR (AD) 64. Lawyers Involved: Shaf......ay, promotion and other benefits. The Administrative Tribunal dismissed the appellant’s case solely on the ground that the reliefs claimed for emanate from the Civil Court’s decree and are in the nature of ancillary and consequential reliefs arising out of the Civil Court’s decree. The appella..Category: Administrative Law | Date: | Hits: 131
Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ......997) 102 ......Attorney-General appearing for the respondents that the criminal cases were mentioned in the grounds of detention not as reasons for the detention of the detenu but as forming the background of the nature of activities with which the detenu was involved. The High Court Division also found that th..Category: Criminal Law | Date: | Hits: 99
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......r Rahman J Md. Abdur Rouf J BB Roy Choudhury J. Surat Sarder and others……………………. Appellants Vs. Afzal Hossain and others…………………Respondents Judgment ......et of facts which gives rise to a legal action and is to be proved to entitle the plaintiff to succeed in the suit. It has little relation either to the defence to be taken by the defendant or the nature of relief to be prayed for by the plaintiff in the suit. 9. In the case of Chand Kour..Category: Property Law | Date: | Hits: 79
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 ......ate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Khairunnessa being dead, her heirs Feroz Alam and ors ……Appellants. Vs. Zobaida Nahar @ ......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 ...... Vs. Lutfe Ali Chowdhury and others………………… Respondents Judgment August 21, 1996 Cases Referred to- Gopeekrist Gossain vs. Oungapershad Gossain (1854) 6 MIA 53; Nurjahan Begum vs. Mahmudur Rahman 34 DLR (AD) 61; Bil...... down; yet in weighing the probabilities and for gathering the relevant indicia, the courts are usually guided by these circumstances; (1) the source from which the purchase money came; (2) the nature and possession of the property, after the purchase; (3) motive, if any, for giving the tran..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 ......hellip;.. Appellant Vs. Shamsuzzoha and others............ Respondents Judgment November 5th, 1996 Lawyers Involved: Md. Aftab Hossain Advocate-on-Record--For the Appellants. Miah Abdul Gafur, Advocate-on-Record--For the Re......uffers from “misappreciation of evidence” on the score without pointing out in which way and in what manner the two courts below misappreciated the evidence. This observation was in the nature of a mere opinion without there being any hard facts or critical analysis backing the opini..Category: Property Law | Date: | Hits: 77
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......tence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......ring from mental imbalance. 8. In the exercise of judicial discretion to dispose of the appellant’s revisional application the learned Judge of the High Court Division did not consider the nature of allegations made against him in the petition of complaint and the findings arrived at the ..Category: Criminal Law | Date: | Hits: 78
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. ......Division Judgment Here. Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Dr. Mohiuddin Farooque……………………………………………………………………..Appellant......h Sangbad Patra Parishad case 43 DLR (AD) 126 which, we felt, was wrongly applied by the High Court Division in the present case. I thought I would have nothing more to contribute except putting a signature to the common judgment. The euphoria, however, became short-lived when I found two extra judg..Category: Constitutional Law | Date: | Hits: 450
Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)
....n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ...... The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ......;……Respondents Judgment February 19, 1998. The Code of Criminal Procedure, 1898 (V of 1898), Section 179(c) The allegation of obtaining signatures of the complainant in blank papers at Jeddah and in pursuance of such Act withdrawal of mon..Category: Criminal Law | Date: | Hits: 79
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
.... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ......ellip;…………..Respondent Judgment July 29, 1997. The Income Tax Act, 1922 (XI of 1922)Section 23(3) read with The Income Tax Ordinance, 1984 (XXXVI of 1984), Section 160 The price differential or the windfall profit hav......dquo;In our opinion, the true test is whether the amount sought to be deducted, in truth, never reaches the assessee as his income. Obligations, no doubt, there are in every case, but it is the nature of the obligation which is the decisive fact. There is a difference between an amount which..Category: Fiscal/Taxation Law | Date: | Hits: 97
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
.... High Court Division was far from justified in upholding the order of amendment. The appeal is, accordingly, allowed with cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 148. ......uf J Bimalendu Bikash Roy Chowdhury J Sunil Chandra Mondal and others……………………………………….. Appellants Vs. Narayan Chandra Shil & others ………….. Plaintiff-Respondents Judgment November 5, 1996. Result: The appeal is allowed. The ......owing amendment of the plaint but the learned Assistant Judge, by his order dated 19-6-91, rejected the said application holding that the amendment as prayed for by the plaintiffs does not change the nature and character of the suit, that the defendants did not stand to suffer any prejudice thereby ..Category: Procedural Law | Date: | Hits: 149
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......nce. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......h may reasonably cause the apprehension of either death or grievous hurt. The evidence in the case must be such that the informant party was carrying on or was about to carry on an assault of such nature. Carriage of weapons by the two sides, established by evidence, saddle the accused persons w..Category: Criminal Law | Date: | Hits: 96
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
.... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ...... Present: Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Nurul Islam (Md) …… Appellant Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain and ors ……….Respondents Judgment Ma......plated within first week of the following month……………(13) The defendant inducing one Anwar Hossain a third Party by way of subletting without consent of the plaintiff and also changed nature and character of the shop thus violated clause 4 of the tenancy agreement and thereby made hi..Category: Tenancy Law | Date: | Hits: 93
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. ......late Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Chalna Marine Products Ltd…………………………&hel...... final report on this issue of quantum of damages. Secondly, the learned Judges of the High Court Division failed to notice that the final report of the surveyors were not conclusive in nature and it was a tentative assessment made on 30-5-91 with a clear observation that in order to..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. ...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Fatema Bibi……………………&hell...... co-sharer in SA Khatian No. 185 it was rightly held by the learned Single Judge of the High Court Division that the application was not maintainable. The land in question being non-agricultural in nature application under section 96 of State Acquisition and Tenancy Act was also not maintainable&..Category: Property Law | Date: | Hits: 51
Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)
....laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ......…….Respondents Judgment November 17, 1997. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order VI Rule 17 The Court at any stage of the proceedings may allow either party to alter or amend his pleadings as may be just and necessary for the pur......stion in controversy. The proposed amendments for recovery of possession in a suit for declaration of title will end all pending controversies between the parties and will not amount to change in the nature and character of the suit…………….(9) Lawyers Involved: Akram Hossain Amin, Ad..Category: Property Law | Date: | Hits: 83
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. ......bsp; Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Aung Shwe Prue Chowdhury....................Appellant Vs. Kyaw Sain Prue Chowdhury and others.................Respondents Judgment December 11, 1997. ......d Mr. KS Nabi, learned Attorney-General has also not made any specific submission on paragraph 6 of the Summary. 23. In our view the statements made in paragraph 6 of the Summary are political in nature and since the office of Bohmong Chief is not a political office such considerations are extra..Category: Civil Law | Date: | Hits: 203
Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)
.... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦.Appellant Vs. AM Mansur Ahmed & others………….. Respondents Judgment May 4, 1997. Result: The appeal is allowed. The Government Servants (Discipline and Appeal) Rules, 1985, Rules 2(f), 3(b), 3(d) & 4(5) The penalty for corruption and mis......led appeals therefrom, Appeal Nos. 58 of 1990 and 3 of 1991 to the Administrative, Appellate Tribunal. Agreeing with the findings of the Tribunal the Appellate Tribunal held that in view of the minor nature of the misconduct found against the respondent stoppage of 3 annual increments would meet the..Category: Administrative Law | Date: | Hits: 145
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. ......thers………………………….. Respondent [In Civil Appeal No. 59 of 1995] Judgment March 30, 1997. The Constitution of Bangladesh, 1972, Article 102 Habeas corpus for custody of minor children Normally the minor children should be with their mother as long as she does not ear......the rules of personal law or statutory provisions, than the welfare of the children which must be the determining factor in deciding the question of custody of children whether in a proceeding in the nature of habeas corpus or in a proceeding for guardianship under the Guardians and Wards Act, 1890...Category: Family Law | Date: | Hits: 250
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
....id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ......Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Jahanara Begum……………………………………………………… Defendant-Appellant Vs. Md. Aminul Islam Chowdhury and others………………….Plaintiff-Respondents Judgment Feb......ble and independent evidence. The lower appellate Court on wrong assumptions held that tendering of money and receiving of it by defendant Nos. 1-2 as well as the second agreement are all of doubtful nature without adverting to the positive evidence on record. The material findings of the trial Cour..Category: Property Law | Date: | Hits: 86
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