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Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....the name of 'Elahi Timber' at Biswanath Bazar with a view to Like forcible possession thereof and in course of the occurrence there the accused opened gun fire which resulted in the death of two persons, namely, Mahabbat Ali and Jamshed Ali. This First Information Report gave rise to GR Case No.......t the records of the hospital showed that Mokhlesur Rahman was admitted in the hospital after his injury caused by the present petitioners. This shows and there are observations in the so‑called further investigation report which amount to a final report that the Assistant Superinten......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 ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....259; Emperor vs. Shibnath Banerjee, AIR 1943 (FQ 75; Malik Gholam Mani vs. Government of West Pakistan, 19 DLR (SC) 403; Mir Abdul Baqi Baluch vs. Government of Pakistan, 20 DLR (SC) 249; Messrs Faridsons Ltd. vs. Government of Pakistan, 13 DLR (SC) 233. Lawyers Involved: M Shamsul Alam, Depu......ak people of Bangladesh and actually distributed this currency inside Bangladesh; 5) In order to wage an armed struggle against Bangladesh the detenu purchased ten modern firearms from the so‑called Shanti Bahini and lastly; 6) With the object of furthering the aims of Shadhin Banga‑Bh...... 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 ..Category: Constitutional Law | Date: | Hits: 185
State Vs. MA Malik, 1995, 24 CLC (AD)
....ainst the respondent and his relations alleging that it transpired shortly after their marriage that the respondent was a greedy man of loose moral character. At the instigation by other accused persons he put pressure upon her to bring dowry of Taka one crore from her father and started threate......s noticed that the respondent had filed similar applications for ball some time before, one of which was rejected as not pressed and the other was rejected because none appeared when the matter was called for hearing. Thereafter the present application was filed on 22.8.1994 upon which the impug......onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ..Category: Criminal Law | Date: | Hits: 64
Samsun Shipping Corporation Vs. Hossain and Sons and others, 1995, 24 CLC (AD)
....hrough ventilators/damaged hatch cover, etc. The plaintiff apprehends that the damage to the Mongla‑bound cement meant for it self must be more extensive and there will be shortage of cargo also. Upon receiving notice of readiness the plaintiff retired the bills of lading from defendant No.......e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ......209;monthly in advance. Defendant No.6 failed to make payments on due dates and the charter hire amounting to US ST 9,406.25 had become due on 3.9.94. The petitioner also claimed US $ 600,000.00 as loss of business against the vessel's next employment. The petitioner relied upon the Time Charter ..Category: Admiralty Law or Maritime Law | Date: | Hits: 228
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....here. The main question is, whether the inclusion of the land of the appellant's approved lay‑out plan in the land going to be acquired under the two LA proceedings is hit by the doctrine of "promissory estoppel" and or, whether such inclusion originated from any mala fide act on the part of the, ......otice upon the appellant though the appellant had been in possession of a major part of the land since 1983. In these circumstances, the appellant made a representation to the President who thereupon called for a report. Report came and it is dated 12 November 1989 (Annexure‑D) signed by the DIT"s......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. ..Category: Property Law | Date: | Hits: 79
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
.... and others...............Respondents Judgment July 13th, 1994. Cases Referred to- Abdul Jalil Munshi vs. Abu Bakar Siddique, 35 DLR (AD) 42 at para 12; Daniel vs. Ferguson (1891) 2 Ch. 27 and Von Jeel vs. Hornsey (1895) 2 Ch. 774; 35 DLR (AD) 42. Lawyers Invo......nation, namely, whether the appellants and defendant‑respondent No. 2 had flouted the Court's order even after coming to know of the Court's order of status quo allegedly on 27.10.90, Is not called for, although it is clear from the lower appellate Court's judgment that even after the fina......extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ..Category: Civil Law | Date: | Hits: 106
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....- This appeal by leave of the plaintiff appellant is from the judgment and order dated 9-6-94 passed by a Division Bench of the High Court Division in Civil Revision No.1350 of 1993 making the Rule absolute and setting aside judgment dated 6-2-93 passed by the 2nd Court of Subordinate Judge Sylhet a...... Judge to the 2nd Court of Subordinate Judge, Sylhet and for analogous hearing of the two title suits, which gave rise to Miscellaneous Case No.17 of 1991 registering which the learned District Judge called for the records of both the suits and upon the prayer of the appellant passed an order of tem......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. ..Category: Property Law | Date: | Hits: 59
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....tions, filed Civil Appeal Nos.76 and 77 of 1993, against the impugned judgment and order passed in the two writ petitions that were, however, barred by 16 days each. 3. The Government was also made a respondent in the writ petitions which contested the same by filing separate affidavits-......d Judgment and order dated 11 August 1993 passed in Writ Petition Nos. 321 and 561 of 1987, the High Court Division declared the Note-Books (Prohibition) Act, 1980 (Act No. XII of 1980), hereafter called the Imp Act, to be ultra vires of Article 39(2) of the Constitution and accordingly, struck ......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. ..Category: Intellectual Property Law | Date: | Hits: 279
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....te Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Secretary, Internal Resources Division, Ministry of Finance and Chairman, National Board of Revenue, Dhaka…&hellip......; employees. On the expiry of the tenure of a temporary Tribunal, the incumbents thereof are not ‘re If during the continuity of this Tribunals, they are discharged as surplusage they may be called “retrenched” employees. The writ petitioners do not fit in with the concept retr......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 ..Category: Constitutional Law | Date: | Hits: 161
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....minal Law Amendment Act, 1958 (Act No. XL of 1958), briefly, the Act. 2. Facts of the case, briefly, are that the appellant who is a former Member of Parliament and President of the District Bar Association, Dinajpur filed a petition of complaint before the learned Senior Special Judge, Dinajpur ......the substance of the grievance of the appellant is that the learned Special Judge committed a two-fold wrong-(1) in not having acted in terms of the proviso, to section 6(5) of the Act and (2) having called for a report, of all persons,. from the ASP when senior officers above him were complained ag......ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ..Category: Anti-Corruption Laws | Date: | Hits: 92
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....uo;s Office under District Patuakhali. The proceeding land originally belonged to one Mahendra and correctly recorded in his name in the State Acquisition Khatian Nos.600 and 697. The said Mahendra sold the proceeding land along with his other lands to one Tozambar Ali of the same village, and a......sideration of all the witnesses adduced by the appellants in the case. 9. In view of the leave granted by us and the findings of the Courts below on the vital question of limitation, we are called upon to reappraise the material evidence on record to arrive at a correct decision in the ca......pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ..Category: Property Law | Date: | Hits: 60
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
....esh or India. The nearest place of repair was in the port of Singapore or Korea or Japan. The ship had no power of her own. She had to be towed to any of those places for repair. To keep her afloat some repairs were needed to be done locally as well. The plaintiff was advised that while towing th......, same as Exts, E(2)-E(4) by the defendant, but the Admiralty Court held that the said telexes “cannot be taken as admissible and conclusive evidence for market value of the vessel as the so-called experts are not before this Court and cannot be put to cross-examination. However, it was th......t of repair she might sink. The costs of maintenance being heavy the plaintiff finally with the leave of the Court sold the ship as scrap for US $ 6,10,000.00. The plaintiff filed a claim of total loss with the defendant. The defendant did not dispute the accident, but it refused to pay the clai..Category: Business or Commercial Law | Date: | Hits: 151
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....lord tenant between them. The defendant is an unauthorised occupant and liable to be without any notice. 3. The suit premises is required by the plaintiff for his own use and occupation, two sons are engaged in business. The refused to vacate the suit premises in spite of several requests ...... defendant’s own case he was a defaulter and the plea of bona fide requirement of the plaintiff having been accepted by the trial Court, the decree passed in the suit was quite justified and called for no interference by the High Court Division. 9. We shall come to the pleading late......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 ..Category: Property Law | Date: | Hits: 52
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
.... with effect from 1.8.69 at a monthly rental of Taka 135.00 as per English Calendar month and subsequently the said Begum Shamsun Nahar died on 17.1.83, leaving husband Mirza Murshal Hossain and a son and a daughter, the respondents; that the defendant is a defaulter and he has defaulted to pay ......the defendant which could be easily adjusted towards the payment of rent and whether on these facts the defendant could be termed as a defaulter. 7. In view of the leave granted by us we are called upon to re-appraise the oral and documentary evidences on record. In this case, the plaintif......ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ..Category: Property Law | Date: | Hits: 56
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....or balance dower money of Taka 250.00 and maintenance at the rate of Taka 500.00 per month for 11 years 1 & 1/2 months which comes to Taka 66,750.00 in total Taka 67,000.00 and for a decree of dissolution of marriage. By judgment and decree dated 3 1.5.86, the trial Court decreed the suit for Ta......he trial Court gave a break-up of the amount due to the child and the appellant by specifying separate amounts, and in decreeing the suit also so specified. Mr. Shaha submits that such division was uncalled for in the absence of a specific prayer in the plaint by the appellant. 39. We do not find......th rd to the matters mentioned in section 5. 25. But diminution or curtailment of rights already possessed by a litigant with regard to the matters mentioned in section 5 is not the same thing the loss of those rights or a part of those rights owing to the operation of the law of repose, i.e. the..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....mps for which it floated an International tender notice on 9-2-87 which was participated by (1) Iqbal Engineering 102 Works, (2) Milners Pumps Limited, (3) Mohd. Bashir & Co.(Pvt.) Ltd. and (4) Associated Engineers and Drillers Ltd. The quotation given by M Iqbal Engineering Works of Taka 36 lak......the facts of the case, illustration (h) has no application. 28. It was specifically alleged in the charge that respondent Iqbal Hossain was required to supply 4 new EMU pump sets under the tender called but he had supplied 4 old pump sets by making improvisation and thereby committed cheating. T......vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ..Category: Anti-Corruption Laws | Date: | Hits: 92
Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)
....ul Islam (Sujan), learned Advocate for the petitioner, submits that the High Court Division was in error in taking the aforesaid view as the same is not based upon any principle or precedent. He also submitted that the High Court Division acted illegally in not considering the facts of the case ......ier and more proper for the High Court Division to dismiss the petition on merit. Indeed, no Rule should have been issued at all in this case. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is als......se. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ..Category: Criminal Law | Date: | Hits: 71
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
....spondents Judgment May 20th, 1996. Cases Referred to- Dacca Jute Mills Ltd. vs Satish Chandra Banik, 19 DLR 735; Jabed Ali Sarkar vs. Dr. Sultan Ahmed, 26 DLR 196; (Whatson vs Winch (1916)1 KB 688). Lawyers Involved: Dr. M. Zahir, Senior Advocate, inst......t. The Calcutta High Court framed rules under the powers conferred under section 246 of the Companies Act 1913 as amended by the Indian Companies (Amendment) Act (Act XXII of 1936). These rules are called Rules under the Companies Act, 1939. These rules had been adopted by the erstwhile Dhaka Hig...... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ..Category: Business or Commercial Law | Date: | Hits: 118
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....spondent, who is a College teacher, filed the aforesaid writ petition challenging the validity of the Teachers and Non-Teaching Staff of Nationalised Colleges (Directorate of Public Instruction) Absorption Rules, 1981 published in the Gazette by notification No. SRO 93-L/81 dated 25 March, 1981......ndent was thus adversely affected by the Rules of 1981 both in his remuneration as well as status. 7. The Government framed similar rules after nationalisation of some high schools, which is called the “Teachers and Non-Teaching Staff of Nationalised High Schools (Directorate of Seco......ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ..Category: Constitutional Law | Date: | Hits: 174
Muzaffar Hossain Vs. Md. Humayun Kabir and others , 1996, 25 CLC (AD)
....nion Parishad held on February 3, 1992 against the judgment and order dated November 14, 1994 passed by a Single Judge of the High Court Division in Civil Revision No.3037 of 1993 making the Rule absolute, after setting aside the judgment and order dated October 31, 1993 passed by the Election Ap......unused ballot papers and counter foils of the ballot books along with the officially used voters’ lists and other relevant papers in respect of the election of the said two Centres are called for and examined on recounting of the votes by the Tribunal it would be found that re......d Judge rightly set aside the judgment and order of the Election Appellate Tribunal. The petition is, therefore dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 59 ..Category: Others | Date: | Hits: 98
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