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Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)
....contravention of sections 91 and section 92 of the Evidence Act. Section 91 of the Evidence Act runs as follows: "91. When the terms of a contract, or of a grant, or of any other disposition of property have been reduced to the form of a document, and in all cases in which any matter is requir......r Rahman, with Serajur Rahman, Advocates ‑ For the Opposite Party. Civil Revision No.2183 of 1990. Judgment Naimuddin Ahmed J.- This revisional application is directed against the judgment and decree passed by the Subordinate Judge, 4th Court Dhaka on 6.8.1990 in Title Appeal No.319 of 19......rported to have been executed by the plaintiff in favour of the defendant No.1 on 9.11.83 and registered on the same date purporting to transfer the land described in the schedule to the plaint was illegal, fraudulent, mala fide, void and not binding upon the plaintiff and also for cancellation of t..Category: Property Law | Date: | Hits: 87
Abdur Razzaque Vs. Bangladesh Agricultural DeveÂlopment Corporation and others, 1991, 20 CLC (HCD)
.... that the petitioner be reinstated in his service at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 613. ......cial Original Jurisdiction) Present: Qazi Shafluddin J Mainur Reza Chowdhury J Abdur Razzaque……………………Petitioner Vs. Bangladesh Agricultural DeveÂlopment Corporation and others…………………Respondents Judgment December 18, 1991. Result: The Rule ......‘11/81‑82/3357 dated 18.5.86 (Annexure ‘F’) issued by the respondent No.2 and communicated by respondent No.3 should not be declared to have been passed without lawful authority and to be of no legal effect. 2. The petitioner's case is as follows: He was appointed a Clerk‑cum‑Store K..Category: Employment/Service Law | Date: | Hits: 67
Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)
....Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ...... This Case is also Reported in: 45 DLR (HCD) (1993) 610. ...... support of his submission he has drawn our attention to section 6(d) and (e) of the General Clauses Act. Section 6(e) of the General Clauses Act runs as follows: "6. (e) affect any investigation, legal proceeding or remedy in respect of any suck right, privilege, obligation, liability, penalty, ..Category: Criminal Law | Date: | Hits: 58
Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)
....ot be quashed or in the alternative why the order dated 9.10.85 complained of in the petition should not be set aside or such other or further order or orders passed as to this Court may deem fit and proper. At the time of issuance of the Rule all further proceedings in Petition Case No.11016a of 19......¦Petitioner Vs. Kazi Misbahul Alam……………………Opposite Party Judgment November 30, 1992. Result: The Rule is made absolute. Cases Referred to- Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 38 DLR 4; Ansaruddin Molla Vs. Hamed Molla and others, 18 DL...... Corporation and the Income Tax Authority, etc. The accused Nos. 1 and 2 of the company in collusion with accused No.3 the partner of M/s. Ahsan Mustafa Kamal & Co. with ulterior motive to have illegal gain and to injure the business reputation and defame the complainant firm in their profession..Category: Criminal Law | Date: | Hits: 98
....holding the inclusion of a house being House No.22, Block 'B' Lane No.4 Section 13, Mirpur Housing Estate, PS Mirpur, Dhaka hereinafter referred to as the disputed house in the 'Ka' list of abandoned property.
2. The case of the petitioners is that the petitioner No.1 is the wife of petitioner No...... also Reported in: 45 DLR (HCD) (1993) 601.
...... not entitled to get possession in the disputed house.
5. Mr. MI Farooque, the learned Advocate appearing for the petitioners, has first of all, tried to submit that the petitioner No.1 acquired a legal right first of all by way of possession of the disputed house and accordingly, another right b..
Category: Property Law | Date: | Hits: 89
Mahfuzur Rahman Vs. Bangladesh Forest Industries Development Corporation (BFIDC), 1992, 21 CLC (HCD)
....legal and without lawful authority and to be of no legal effect. In the result, the Rule is made absolute with no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 598.......emo No. HO/P‑13/79/687 dated 5.6.86 (Annexure 'H') upholding the office order No.850 (Annexure E) issued by the Chairman, BFIDC should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The facts for the disposal of the Rule are as follows: 3. The......3/79/687 dated 5.6.86 (Annexure 'H') upholding the office order No.850 (Annexure E) issued by the Chairman, BFIDC should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The facts for the disposal of the Rule are as follows: 3. The petitioner join..Category: Employment/Service Law | Date: | Hits: 177
Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
....necessary to interrogate him. 11. On 30.6.93 an application was filed on behalf of the accused petitioner for rejecting the prayer for remand and for directing the jail authority for arranging his proper treatment alleging torture by the police taking him to an unknown place in Kotwali PS Case No......Khondakar Moshtaque Ahmed Vs. Bangladesh, 34 DLR (AD) 222; Mohd. Raft Vs. State, (1969) Pakistan Criminal Law Journal 873; Jahangir Lai Vs. Emperor, 1935 AIR Lahore 230; Naeemullah Vs. SSP Faisalabad and others, 1992 Pakistan Criminal Law Journal 985; Tofazzal Hossain Sheikh Vs. Mir Md. Akand and ot......District Magistrate, Dhaka purported to detain the accused petitioner in jail custody, which order, as it appears from the certified copy of the order dated 15.7.93 of this Court was declared to be illegal and the detention of the accused petitioner was declared unlawful in Writ Petition No.1043 of ..Category: Criminal Law | Date: | Hits: 87
Sufia Khatun and others Vs. Abdul Majid and others, 1992, 21 CLC (HCD)
....desired by the learned Advocate for the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 584. ......to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 584. ...... Majid, Advocate ‑ For the Petitioner. Zainul Abedin, Advocate ‑ For Opposite Party No.1. Civil Revision No.1004 of 1989. Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the Order No.33 dated 20.4.89 passed by learned District Judge, Jhenaidah ..Category: Procedural Law | Date: | Hits: 74
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
.... their conduct infer a presumption as to the legal marriage, and (3) whether the High Court Division is justified in interfering with the concurrent findings of fact arrived at by the Courts below on proper assessment of the evidence on record as to the solemnization of a legal marriage between the ......a Shwe Baw (1929) 7 Rang 777, 121 I.C. 718, Gagu Bibi V. Mesal Shaikh (1936) 63 cal 415, 164 I.C. 957, Shahzada Begum V. Abdul Hamid (1950) Lah 773, Khorshed Alam @ Shah Alam V. Amir Sultan Ali Hyder and another, 38 DLR (AD) 133, Debendra Mohan Rai V. Sona Kunwar, (1904) 36 Allahbad 295, Abdool Raza...... siblings, the marriage of his two younger brothers is not unnatural but considering the surrounding facts coupled with the nature of the witnesses examined by him led to the inference that there was legal marriage between the appellant and the respondent. The Court of appeal below also evaluated th..Category: Family Law | Date: | Hits: 318
.... follows:
"Every Union Parishad shall be a body corporate, having perpetual succession and a common seal. With power, subject to the provisions of this Ordinance and the rules, to acquire and hold property both movable and immovable, and shall by its name sue and be sued."
The relevant provisi......e Hussain Mohammad Habibur Rahman J
Abdul Hasib J
SM Abdur Rob…………………Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and others..................Respondents
Judgment
December 19, 1991.
Result
The applicati......ed by the Chief Election Commissioner and the Election Commissioner, refusing to stop the aforesaid election schedule should not be declared to have been made without lawful authority and to be of no legal effect.
2. In this petition the petitioner has stated that he was convicted in Pabna Sessio..
Category: Election Law | Date: | Hits: 129
.... inordinate delay speaks a volume against the Customs authority.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 322.
......on
(Special Original Jurisdiction)
Present:
Md. Joynul Abedin J
A Salam Mamun J
Reliance Auto Ltd…………...Petitioner
Vs.
Commissioner of Customs, Customs House, Chittagong and ors……….Respondents
Judgment
March 31, 2003.
Lawyers Involved:
Md. Aman Ullah,......Cus‑5/94/2042 dated 16‑10‑97 issued by respondent No.3 under the signature of respondent No.4 (Annexure‑B‑1) should not be declared to have been passed without lawful authority and is of no legal effect.
2. Facts relevant for the purpose of disposal of this Rule are that the petitioner ..
Category: Business or Commercial Law | Date: | Hits: 209
Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)
....appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ...... This Case is also Reported in: 55 DLR (2003) 307. ......arly, in assaulting PW 6 Pannu Fakir and others did not join or share with Mansur Fakir. Mansur and Fazal Fakir could be convicted for their individual offence, which they committed. In view of above legal position and on the evidence on record, conviction of other appellants under section 149 for c..Category: Criminal Law | Date: | Hits: 60
Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
....irajul Huq, AAG ‑ For the Respondent No.1. Writ Petition No.1042 of 1990. Judgment Naimuddin Ahmed J.- By this writ petition under Article 102 of the Constitution the enlistment of certain property being a house situated at holding No. F/K/9, Sher Shah Colony, Nasirabad, PS Panchush, Dist......ohammad Gholam Rabbani J Sarwari Begum………………………Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others……..Respondents. Judgment March 28, 1993. Case Referred to- 43 DLR 139. ......rnment. The Government did not pass any specific order releasing the said property and the matter is, according to the petitioner still pending before the Government. Meanwhile, the Government most illegally enlisted the disputed house as abandoned property in the 'Ka' list of abandoned properties v..Category: Property Law | Date: | Hits: 75
KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)
..... In a case where the Court finds that it has no territorial jurisdiction to entertain the suit the plaint need not be rejected; it should be returned under Order 7 rule 10 for presentation to the proper Court. It may be noted however that defendant No.9 undisputedly resides within the jurisdi......62. ......ty (Bangladesh Book Publishers and Book Sellers Association) and holding of meetings of the said Committee scheduled on 11.2.1993 and 17.2.1993 by defendant No.9 vide his notice dated 4.2.1993 were illegal, void and not binding upon the plaintiff, as well as for permanent injunction restraining defe..Category: Civil Law | Date: | Hits: 104
Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)
....n Money Suit No.9 of 1985 by the learned Subordinate Judge, First Court, Dhaka, dismissing the suit. 2. Plaintiff is the appellant before this Court. Plaintiff claims right and title over the suit property by purchase. We need not go into the detailed discussions in respect of right and title, of...... Mozammel Hoque J Md. Abdul Karim J Hosne Ara Begum……………………Appellant Vs. Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Dhaka and Another……………………Respondents Judgment May 19, 1993. Case Referred to- ......enemy property. Ext. 5 is a letter dated 14.11.83 issued from the office of the Chief Martial Law Administrator by which the Martial Law Authority directed the Deputy Commissioner to take appropriate legal action in this matter in view of the fact that the plaintiff acquired title through the Court ..Category: Property Law | Date: | Hits: 75
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
....ulfillment of the requirements approved the proposal and started L.A. Case No.01/89-90. After receiving the notice under section 3 of the Ordinance, 6(six) objections were raised by the owners of the property within the stipulated time as per section 4(1) and the said 6 (six) objections were heard b......M Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Dr. Malik Mehdi Kabir...................................Appellant (In Civil Appeal No.59 of 2006) Md. Shahidullah Bhuiyan and others………….Appellants (In Civil Appeal No.60 of 2006) Vs. Rabit-Al-Alam-Al-Islami .......1,5, 8,9,16, and 17 contested the writ petition by filing separate affidavit-in-opposition denying the material allegations made in the petition and claimed that the impugned Notification was passed legally as Rabitat failed to deposit the compensation money within the stipulated time in accordance..Category: Property Law | Date: | Hits: 93
Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)
....gs and submissions of learned Advocate for the appellant, we find no substance in this appeal. Accordingly, the appeal is disÂmissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 423. ...... Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Appellant. Ferozur Rahman, Advocate-on-Record- For the Respondent. Criminal Appeal No.34 of 2006. From the judgment and order dated 17-11-2002 passed by the High Court Division in Criminal Appeal No.2463 of 1999) ...... Supreme Court; the appeal is continuation of the trial and as such the Appellate Court can consider the evidence of the trial court and come to a finding whether the conÂviction and sentence can be legally susÂtained in law and whether the conviction and sentence has been passed on the basis of i..Category: Criminal Law | Date: | Hits: 89
Sheikh Hassan Vs. Mst. Shiriya Begum and another, 2009, 38 CLC (AD)
.... on 8.1.1992 in respect of .26 acre of land including the suit land as security for the loan and then he returned the loan amount of Tk. 40,000.00 along with interest to her and then she returned the property to him by executing a deed on 7.12.1992 and subsequently on 03.05.1994, he again took loan ......ision (Civil) Present: Md. Tafazzul Islam J Md. Abdul Aziz J Surendra Kumar Sinha J Sheikh Hassan.............................................Petitioner Vs. Mst. Shiriya Begum and another....................Respondents Judgment August 18, 2009. Lawyers involved: M......s time also the plaintiff obtained a bainapatra from him and it was decided that after the defendant returns the loan money, the alleged bainapatra will stand null and void, but the plaintiff, most illegally, filed the instant suit for specific performance of contract on the basis of the said bainap..Category: Property Law | Date: | Hits: 54
Bangladesh Steel & Engineering Corporation Vs. Arif A. Shekha and others, 2010, 39 CLC (AD)
....writ respondent filed affidavit-in-opposition stating that after independence of Bangladesh the industrial unit in question was vested in the Management Board by notification dated 26.12.1971 for its proper maintenance and management. Later it was handed over to the Bangladesh Steel and Engineering ......Matin J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Bangladesh Steel & Engineering Corporation...................Petitioner Vs. Arif A. Shekha and others ..........................................Respondents Judgment January 24, 2010. ......shareholders from Bangladesh was prejudicial to the interest of Bangladesh. The High Court Division held that the impugned order dated 27.05.1987 was issued without any lawful authority and was of no legal effect and the shares of the company are liable to be released in favour of the writ petitione..Category: Business or Commercial Law | Date: | Hits: 195
Md. Shahjahan Ali and others Vs. Most. Maleka Bewa and others, 2009, 38 CLC (AD)
....ds but the homestead of the defendant was constructed on Plot No.983 covering an area of .22 acres much more earlier than that of the plaintiffs. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and accordingly no int......orted in: 16 MLR (AD) (2010) 134. ...... of the materials on record arrived at a correct decision and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 134. ..Category: Property Law | Date: | Hits: 57
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