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Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)

....the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ........................... Respondents Judgment February 15, 1971. The Constitution of Pakistan, 1962 Any decision of the Supreme Court to the extent it decides a question of law or enunciates principle of law is binding on all other courts in Pakistan and all judicial authorities throughout ......ent it decides a question of law or enunciates principle of law is binding on all other courts in Pakistan and all judicial authorities throughout Pakistan shall act in aid of the Supreme Court. Therefore the learned Judge of the High Court acted with impropriety in allowing bail to respondent No 1 ......the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ..

Category: Criminal Law | Date: | Hits: 96

Major Syed Walayat Shah Vs. Muzaffar Khan, 1973, 2 CLC (AD)

....ourt. The appeal is accordingly, dismissed but having regard to the facts and circumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ......ourt. The appeal is accordingly, dismissed but having regard to the facts and circumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ......, 1958, section 2(3) A person in order to qualify himself as a “displaced person” must have a permanent residence or such continuous habitation in that part of British India which subsequently formed part of India with no immediate intention of leaving the same but for the reasons given in th......spute relating to the status of the respondents as "displaced persons” had also, in the opinion of the High Court, not been correctly examined by the Settlement Commissioner. This too, needed fresh determination. The High Court also required a decision on the question whether the respondents, even..

Category: Property Law | Date: | Hits: 61

.... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ...... and 2 participating in the above proceeding in which was not at all fair. The High Court Division however allowed the appeal reversing the above order dated 13.06.1939 holding that in view of the principle as laid down in the case of Food Corporation of India and another Vs. Yadav Engineer and ......te Judge (now Joint District Judge), Noakhali in Money Suit No. 1 of 1992 rejecting the application filed by the defendant-respondent Nos. 3-6 under section 34 of the Arbitration Act, 1940 praying for stay of the suit and thereupon directing the respondent Nos.3-6 to take steps for settling the ...... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ..

Category: Business or Commercial Law | Date: | Hits: 94

Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)

....out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ...... possession at the moment adverse possession begins.” 13. In the case of Ejaz Ali Qidwai vs. Special Manager Court of Wards, Bulrampur Estate AIR 1935 PC 53 the principle of adverse possession was laid when “a person, who bases his title on adverse poss......e himself and it was wrongly held that the elements constituting adverse possession are lacking in the case. The evidence of defendant No.1 DW 1 who was examined on commission and the only witness for the defendants if considered along with other evidence and circumstances unmistakably prove the......out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ..

Category: Property Law | Date: | Hits: 53

Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)

....d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ...... him under section 9(2) of the said Act and as a public servant he could be retired by the President of Bangladesh. No notice to show cause was served on him before his retirement in violation of the principle of natural justice. Such deprivation is discriminatory, arbitrary and malafide and violati......me after he has completed twenty-five years of service without assigning any reason.” There is a clear conflict between these two provisions so far as the retiring authority is concerned. In the former it is the Corporation and in the latter the Government. The Regulations is not only later but......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ..

Category: Employment/Service Law | Date: | Hits: 186

Director, Housing and Building Research Institute Vs. Darus-Salam Co-operative Housing Society Ltd. and others, 2002, 31 CLC (AD)

.... evicted, in writ jurisdiction which is not permitted. In the result the appeals are allowed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 111. ...... evicted, in writ jurisdiction which is not permitted. In the result the appeals are allowed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 111. ...... judgment and order of the High Court Division dated 13th August, 1997 passed in Writ Petition No. 362 of 1997 making the Rule absolute. 2. Respondent Nos. 1 and 2 in both the appeals, filed the aforementioned writ petition seeking for Rule Nisi upon the respondents in the following term: �......he authorized Magistrate in the light of Annexures W and X was of the members of the Society from the plots and quantity of land averred in the writ petition was of the kind that need adjudication or determination upon going through the elaborated process of collection of materials and sifting there..

Category: Property Law | Date: | Hits: 54

Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)

....tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ......in the submission of the learned Advocate for the petitioner that for non-framing two separate charges for the two murders the trial of the petitioner was vitiated. However, regard being had to the principle laid down in the reported cases referred to by the learned Advocate for the petitioner, ...... April 7, 2002. The Code of Criminal Procedure, 1898 (V of 1898), Sections 233 & 239 The real and substantial test for determining whether several offences are connected together so as to form one transaction depen......ted to one another in point of purpose or as cause and effect to constitute one continuous action”. [Zaker Hossain vs. State, 29 DLR (AD) 250] “The circumstances which must bear on the determination whether certain acts or events constitute a single transaction in each individual cas..

Category: Criminal Law | Date: | Hits: 76

Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)

....ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ......ut lawful authority. 3. Admittedly the Court of Settlement was not properly constituted while passing the impugned judgment and, as such, under the provision of law and the principle of the decision in the case of Fatema Begum vs. Bangladesh, 42 DLR 342 the judgment suff......y Mvi. Md Wahidullah, Advocate-on-Record — For the Petitioners. Kazi S Ahmed, Advocate-on-Record — For the Respondents. Civil Petition for leave of Appeal No. 621 of 1996. Judgment &nbs......ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ..

Category: Property Law | Date: | Hits: 46

Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)

....setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......Record — For the Respondent. Civil Appeal No. 98 of 1998. Judgment Md. Fazlul Karim J.- This appeal by leave is at the instance of plaintiff-appellant who filed the suit for ejectment, arrear of rents and compensation stating, inter alia, that the defendant-respondent w......e party is required to keep himself within the confines of Exhibit l. He cannot whimsically vary or alter its terms and conditions. He cannot work out a period of his own choice for termination of determination of the tenancy in utter violation of the terms as set further in Exhibit 1. So in my ..

Category: Tenancy Law | Date: | Hits: 76

Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)

....dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ...... pass an order of attachment before judgment against the proceeds of the letter of credit payable to a supplier by a commercial bank for any alleged dispute between the buyer and the seller, which principle have been followed in respect of international transaction under the international bankin......mmad Fazlul Karim J KM Hasan J Gooryonly (BD) Textile Ltd ………………….……….Petitioner Vs. Chartkar Information Holding Ltd. and ors………..… Respondents ......dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ..

Category: Civil Law | Date: | Hits: 115

Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)

..... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ......aw headed by a member of the ruling party did not forward the names of the judicial officers who were earlier named by the Election Commission but instead submitted a list of others by adopting the principle of pick and choose thereby interfering with the independent choice made by the Election ......72, Article 91A The petitioner who fought the by-election cannot have any choice in the persons who are to act as members of the committee. The Election Commission accepted the formation of the committee which was formed with the approval of the Supreme Court the petitioner ....... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ..

Category: Election Law | Date: | Hits: 158

BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)

....se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......ommon people for mitigating their common grievance but is representing a vested quarter who are utilising this writ petitioner. In support of their claim the learned Advocate placed reliance on the principle of law enunciated in Dr. Mohiuddin Farooque’s case reported in 49 DLR (AD) 1. It ap......on 20 The Trusts Act, 1882 (II of 1882) Section 20B i) A society registered under the Societies Registration Act may invest its fund with the object of getting more money for spending in charitable purposes……………………...... it is not permissible, or appropriate, for the writ jurisdiction to be invoked or exercised for the purpose of winding up a Bank, in disregard of the provisions of the BCA 1991 and without any determination of the issues and consideration of the interest of shareholders and other stakeholde..

Category: Constitutional Law | Date: | Hits: 199

Government of Bangladesh Vs. Ramananda Sarker, 2002, 31 CLC (AD)

.... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ......ment Pleader is good service on the Government.(8) The Limitation Act, 1908 (IX of 1908), Article 95 Article 95 of the Limitation Act in its first schedule set out the principle for nullifying a decree obtained by fraud or such other relief gained out of fraud. ......er is good service on the Government.(8) The Limitation Act, 1908 (IX of 1908), Article 95 Article 95 of the Limitation Act in its first schedule set out the principle for nullifying a decree obtained by fraud or such other relief gained out of fraud. La...... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ..

Category: Procedural Law | Date: | Hits: 97

Osman Gani Vs. State, 2002, 31 CLC (AD)

.... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ......p; Judgment August 18, 1999. The Penal Code, 1860 (XLV of 1860) Section 304 Circumstantial Evidence The principle of circumstantial evidence to prove the guilt of an accused is that all the circumstances......p; Bimalendu Bikash Roy Choudhury J.- This appeal is brought before the Court by leave granted to the appellant Osman Gani to call in question his conviction unde...... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ..

Category: Criminal Law | Date: | Hits: 55

Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)

....rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ......rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ......ture or writings and so adoption of such a method cannot be termed as hazardous or dangerous….....................(7) The Transfer of Property Act, 1882 (IV of 1882) Section 111(g) In case of forfeiture of tenancy for denial of title, written notice of lessor’s intention to determine the l......ne the lease is not compulsory and must be optional as the notice is not a part of the cause of action for such eviction and that the cause of action is the denial of the landlord’s title resulting determination of the tenancy by forfeiture. 9. Mr. Ahmed lastly submits that the plaintiffs-respo..

Category: Tenancy Law | Date: | Hits: 70

Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)

.... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ......cted. An application of the petitioner before the Managing Director to reinstate was of no effect whereupon the petitioner sent a notice alleging his wrongful dismissal from service in violation of principle of natural justice. The defendant denied the allegation stating that the reply to the cha......Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 378 of 1999. (From the judgment and order dated 9th June, 1997...... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ..

Category: Employment/Service Law | Date: | Hits: 83

Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)

....e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ......ity in the order of Additional Deputy Commissioner (Revenue) to lease out the case land of the petitioner till decision by the civil Court. 6. Furthermore, it is now a settled principle of law that since a co-sharer of a vested property has a preferential claim to lease than......uty Attorney-General, instructed Mvi Md Wahidullah—Advocate-on-Record—For the Petitioners. Nor represented—The Respondents Civil Petition for Leave to Appeal No. 612 of 1996 (From the judgment and order dated 8th July, 1996 passed......e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ..

Category: Property Law | Date: | Hits: 43

Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)

.... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ......n the question of issuance of the Rule if any. 4. Mr. Zahedul Bari, learned Advocate appearing on behalf of the petitioner, submits that the High Court Division condoned the delay against settled principle of law and thereby committed an illegality. He submits that there was apparent negligence ......: Md. Zahedul Bari, Advocate (appeared with the leave of the Court) instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented—the Respondents. Civil Petition for Leave to Appeal No. 852 of 1997. (From the judgment and order dated 26-6-1997 passed by the ...... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ..

Category: Procedural Law | Date: | Hits: 121

S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)

....that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......Mr. Prabir Kumar Neogi, learned Advocate appearing for the respondent Nos. 1 to 5 opposed the petition submitting, inter alia, that the bank is admittedly a private bank and as such the principle of master and servant applies in case of regulating the services of the employees of the ...... Judgment April 30, 2006. IFIC Bank Service Rules, Rule 30.02 Item 6 On the face of the admitted fact that the petitioner himself issued the disputed pay order for Tk. 1,00,000.00 against deposit of Tk. 100.00 only, the petitioner cannot escape the liability ......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 78

Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)

..... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ......t March 12, 2006. The Acquisition & Requisition of Immovable Property Ordinance, 1982 (II of 1982), Section 44 The Acquisition proceeding being completed long before and finalised and published in the Gazette on 24-12-87, it is too late for the Plaintiff to cl....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ..

Category: Civil Law | Date: | Hits: 77

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