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Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....ther the learned Single Judge of the High Court Division upon a total misconception of the plaintiffs case and the law governing the subject, namely, Order 7 rule 11 of the Code of Civil Procedure wrongly rejected the plaint to the great prejudice of the appellant and whether the reasons given b......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......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 ..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....and order of the High Court Division to consider the appellant’s submission that the right to maintenance is guided by the personal law of the appellant and her son and that the High Court Division wrongly held that the appellant was not entitled to past maintenance in the absence of a written doc......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; ......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. ..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....dge of the High Court Division, without any discussion of the evidence on record and without controverting the specific finding of the trial Court that the pumps supplied were old and spurious pumps, wrongly acquitted the respondents of the charges, that non-consideration of the oral and material do......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. ......o miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ......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
AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)
.... passed on 23.2.82 and after about two years and five, months the new Rules misinterpreted sub-rule (11) of Rule 7 of the new of 1984 came into operation. As such, the question of Rules of 1984 and wrongly made the same applicable communicating charges under the new Rules of 1984 within one hundr......udgment and order of the Administrative Tribunal is restored. The appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 97 ...... 97 ......udgment and order of the Administrative Tribunal is restored. The appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 97 ..Category: Administrative Law | Date: | Hits: 122
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
....ppeal against the entire judgment of the learned Company Judge without regard to the proviso to section 38(3) of the Companies Act and that the Division Bench also decided certain question of fact wrongly, because we take the impugned judgment of the Division Bench to be non est, having been pas...... 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 ...... 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, instructed by...... 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
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....t Division erred in law in holding that the two kabalas are not hit by section 23 of the Contract Act, whether he was right in holding that the provision of section 23 of the Contract Act has been wrongly invoked by the courts below, whether he wrongly relied on the case reported in 36 DLR (AD) ......easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ......sion (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Moti Mia……………………&he......easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ..Category: Property Law | Date: | Hits: 72
Mostafa Kamal (Md) Vs. First Court of Settlement and others, 1996, 25 CLC (AD)
....29, 1977 sold the same by a registered kabala to the petitioner’s vendor Moksed Ali from whom the petitioner on 11.5.79 purchased the same by a registered sale deed. But the said house having wrongly been enlisted as abandoned property the petitioner prayed before the Court of Settlement to......no illegality in the impugned judgment and order of the High Court Division. The petition is, therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 61 ......ment and others………………………. Respondents. Judgment August 27th, 1995 Lawyers Involved: Khondkar Mahbub Hossain, Senior Advocate, Supreme Court, instructed by Shamsul Haque Siddique, Advocate-on-Record—......no illegality in the impugned judgment and order of the High Court Division. The petition is, therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 61 ..Category: Property Law | Date: | Hits: 48
Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)
....itle and interest in the said house and got possession thereon from its original lessee Nesar Ahmed Khan. He was illegally dispossessed therefrom during the first week of March 1972. The house has wrongly been enlisted as an abandoned property. The writ petitioner (present Respondent No. 1, Bang......he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ...... ......he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ..Category: Property Law | Date: | Hits: 58
Khalequzzaman (Md) Vs. Md. Illias and others , 1996, 25 CLC (AD)
....nikganj to Gazipur. 4. The appellant denies the allegations of t1 respondents and contends that the High Cowl Division without giving an opportunity to the appellant to meet the allegations wrongly passed the order of transfer after hearing the respondents and the learned Assistant Attorn......le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ...... appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ......le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ..Category: Criminal Law | Date: | Hits: 63
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ......n will be examined. Nor are the comments and observations of the learned Third Judge on the materials on record binding on the Court at the time of trial. The First Information Report, the statements recorded under section 161 Cr. P. C. the charge-sheet and the charge are not evidence. No comments o......ns of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ......ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ..Category: Anti-Corruption Laws | Date: | Hits: 105
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ......sided over by the lady Principal herself. The Committee considered all the complaints that were received since the occurrence had taken place. The complainants were sent for and their statements were recorded. It was noted that the persons who were alleged to be responsible for the incident were ask......also reported in: 48 DLR (AD) (1996) 33. ......pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ..Category: Constitutional Law | Date: | Hits: 169
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ......to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ......ellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Attar Mia and another………………&helli......to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ..Category: Property Law | Date: | Hits: 84
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
.... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ......in the face of such material the respondents’ case of having been in possession of the disputed house till June 1974 becomes open to serious doubt. Be that as it may, for the reasons already recorded, we have no hesitation to hold that the impugned judgment of the High Court Division is no......eme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md Abdur Rouf J Md Ismailuddin Sarker J Government of Bangladesh, represented by the Secretary, Ministry of Works ...... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ..Category: Property Law | Date: | Hits: 57
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6....... cannot be concluded within the specified time, the accused in the case, if he is accused of a non-bailable offence, may be released on bail to the satisfaction of the Court, unless for reasons to be recorded in writing, the Court otherwise directs.” 19. The question that arises in the instant......to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6.......ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6...Category: Criminal Law | Date: | Hits: 75
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....o. 1 were entitled. The lower appellate Court also arrived at the same findings of fact as found by the/trial Court. 11. The contention of Mr. Habibur Rahman to the effect that the onus was wrongly placed on the defendant No. 1. cannot be sustained. Question of onus is important only in ......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ...... appellate Court are affirmed. Ed. ......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ..Category: Property Law | Date: | Hits: 51
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
.... name of the police constable participating in the occurrence. It has been rightly pointed out by the learned Advocate for the accused appellants that the findings of the learned Special Judge are wrongly based on misreading of evidence and non-consideration of some vital portion of the evidence......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......ingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
.... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ......ained in the courtyard of that house. PW 1 Sk. Elahi Baksh went to the thana and lodged FIR at 10.45 AM in the morning on 26.7.69. PW 13 Jalaluddin Ferozi, Officer-in-Charge, Narail Police Station recorded the FIR and sent PW 5 Constable Osman Gani to search the dead body of Dulal Fakir, On 26.7......tion under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ...... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ......a ground common to all the defendants and there is no chance of conflicting decrees in the event of success in this appeal and, as such, the appeal is not incompetent because of the abatement order recorded by this Court with regard to the heirs and legal representatives of the deceased defendan......ent April 10th, 1970. Cases Referred to- Ahmedur Rahman and others vs. Abul Majid and ors. 14 DLR 471; Amjedali Khan vs. Raj Kumar Das and others 6 DLR 215; Syed Moin Ahmed vs. Khondkar Mohiuddin, 19 DLR 912; Arabjan Bibi vs. Abdul Kader and others 19 DLR 745; Ku......servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 59
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
....ferred the aforesaid appeal. The defendant No. 1 also preferred a cross objection. It was contended before the learned Subordinate Judge on behalf of the plaintiff appellant that the learned Munsif wrongly decided the question of the plaintiffs right, title and interest to the premises in suit w......? 5. To what relief, if any, is the plaintiff entitled?" 5. For reasons that will be evident presently, I would prefer to touch, briefly upon the relevant findings recorded by the learned Munsif on the different issues framed in the suit inasmuch as they will hel...... Dr. Rati Ranjan Choudhury..............Appellant Vs. Parul Bala Marwari and another......Respondents Judgment June 18th, 1970. Cases Referred to: Nuruddin Mia and another vs. Mvi. Abdul Muzaher 2 DLR 344; Ahmed Shah Khan vs. Abdul Barket 11 DLR 427; ...... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ..Category: Property Law | Date: | Hits: 71
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
.... Officer relied on a principle that every member of a Hindu undivided family belonging to Dayabhaga School was to be presumed as a member of an undivided family. This presumption in our opinion was wrongly applied in the present case, in view of the fact that he was hitherto assessed as an indiv......me is being enjoyed separately by the members or groups of the members of such family in definite shares, he shall record an order to that effect: Provided that no such order shall be recorded until notices of the inquiry have been served on all the members of the family." ...... 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ......ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 98
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