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Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
....der the following submissions of the learned Advocate for the accused-appellants: (1) The learned Judges of the High Court Division without entering into the merit of the case at all wrongly laid down a general proposition of law that before exhausting the remedies provided under ...... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ......llowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ...... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ..Category: Criminal Law | Date: | Hits: 69
Nurul Afsar Vs. Rafiqul Ahmed & ors, 1999, 28 CLC (AD)
....nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 155. ......nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 155. ......ors…………………….. Respondents Judgment June 9, 1999. Partition Suit Hotchpotch A partition suit should embrace all the joint properties of the parties concerned and it is indeed a rule of convenience. If properties are l......nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 155. ..Category: Property Law | Date: | Hits: 65
Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)
.... amendment of Rules 10 of Rules 1975, those are not retrospective in nature. As a matter of fact, those are prospective in nature. The learned Judges of the High Court Division acted illegally and wrongly in holding that the impugned orders are retrospective in nature. 13. It is found f......has been curtailed which the Government is authorised under the law to do. Consequently, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 152. ......e Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J Raisuddin……………………………..Petition......has been curtailed which the Government is authorised under the law to do. Consequently, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 152. ..Category: Employment/Service Law | Date: | Hits: 69
Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
....started living there erecting huts. On her death her sons, Joyanto Nath Mondal and Koushik Nath Mondal, inherited the property and were in possession thereof, During RS operation the land in suit was wrongly recorded in the name of Jamila Khatun. Tilottama Devi instituted Title Suit No. 774 of 1975 ......was sent to them by registered post but the same was refused by the defendant- appellants, Further case of the plaintiff was that Khitish Chandra Mustafi and Amulya Chandra Mustafi and others were CS recorded tenants. They sold the land in suit on which the premises in suit situates to Azizunnessa, ......r & others………………………... Respondents Judgment April 11, 1999. The Evidence Act, 1872 (I of 1872) Section 62 A firisti only can not speak of contents of the documents in absence of the documents noted in the firisti and such firisti is no evidence to prove the relati......ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ..Category: Tenancy Law | Date: | Hits: 62
Managing Director, Janata Bank Vs. Md. Bazlur Rahman and others, 1997, 26 CLC (AD)
....the revisional Court for adducing additional evidence to show that the plaintiff’s service was terminated by the competent authority but the High Court Division, exercising revisional jurisdiction, wrongly held that a revisional Court could not consider any new evidence at this stage. 5. The r......In the face of such finding of fact we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 141; 50 DLR (AD)(1998) 17. ......) 17. ......In the face of such finding of fact we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 141; 50 DLR (AD)(1998) 17. ..Category: Employment/Service Law | Date: | Hits: 98
GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)
....of the Administrative Tribunal, not being covered by the provision of section 4(2) of the Administrative Tribunals Act, 1980. 10. It also appears that the Administrative Appellate Tribunal wrongly considered Rule 16(1) of the Janata Bank Service Rules and Rule 389 of BSR Part 1. Rule 16(......l resulting in an injustice. For the above reason, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 138. ......p;………… Appellant Vs. Md. Shah Alam Sarker………………... Respondent Judgment April 9, 1997. The Administrative Tribunals Act, 1981 (VII of 1981) Section 4(2) BSRS Part I, Rule 389 The ......l resulting in an injustice. For the above reason, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 138. ..Category: Administrative Law | Date: | Hits: 148
Shajib (md) and others Vs. Md. Abdul Khaleque Akand and another, 1999, 28 CLC (AD)
....ar and some of the accused persons were present. 3. Mr. Md. Abdul Hannan, learned Advocate appearing for the accused-petitioners, submits that the learned Judges of the High Court Division wrongly set aside the order of acquittal passed by the Magistrate under section 247 of the Code of ......he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 119. ...... The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 119. ......he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 119. ..Category: Criminal Law | Date: | Hits: 61
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....by the High Court Division notwithstanding some contrary findings, to the effect that respondent Nos. 1-6 had used guns and killed four persons, the High Court Division without any rhyme or reason wrongly altered their conviction from under sections 302, 149 to section 304 Part-I of the Penal Co...... justice. A gruesome murder of 4 persons by gunshots has been treated in a cavalier manner by the High Court Division are set aside and their conviction under sections 302,149 of the Penal Code as recorded by the trial Court is affirmed. The sentence of death passed by the trial Court is, howeve...... Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ..Category: Criminal Law | Date: | Hits: 80
Elias(Md) Vs. Jesmin Sultana, 1999, 28 CLC (AD)
....the mind of the Subordinate Courts and the people at large. With these observations, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 99. ......ired to be decided in the context of pleadings of the parties. In the circumstances of the case, we feel compelled to observe that the discussion on polygamy in Islam and recommendation thereon as recorded in the impugned judgment should be taken to be deleted lest it may create confusion in the......ndu Bikash Roy Choudhury J AM Mahmudur Rahman J Elias (Md)………… …………………..Petitioner Vs. Jesmin Sultana……………………...Respondent Judgm......the mind of the Subordinate Courts and the people at large. With these observations, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 99. ..Category: Family Law | Date: | Hits: 158
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....ow that the land was requisitioned for the extension of Tofail Azam Road and for construction of blocks for rehabilitating the displaced persons and that the learned Judges of the High Court Division wrongly held that the original requisition was only for the extension of Tofail Azam Road and that t......lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Brahmanbaria Pourashava………………. Appellant Vs. Secretary, Ministry of Land Reforms, Government of Bangladesh and others……Respondents Judgment Octobe......lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ..Category: Property Law | Date: | Hits: 63
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
....and out of that fund her maternal grandmother acquired the schedule properties for him in his name. Accordingly, some of the schedule properties has been recorded in his name correctly and some has wrongly been recorded in the name of his brother, defendant No. 2 Out of schedule 1 property he mad...... invitees paid him both cash and materials and out of that fund her maternal grandmother acquired the schedule properties for him in his name. Accordingly, some of the schedule properties has been recorded in his name correctly and some has wrongly been recorded in the name of his brother, defen...... Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bina Rani and another …………………. Petitioner V......, the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ..Category: Property Law | Date: | Hits: 75
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....er T-1059 (T-4-175) was coming from the opposite side towards Chandpur from Narayanganj. The plaintiffs alleged that at about 2-00/3-00 PM the appellants Oil Tanker suddenly changed its course and wrongly hit MV Al-Falah- 1 on the port side and split the cargo hold No. 2 resulting in the sinking......vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ......ifur Rahman J Bimalendu Bikash Roy Choudhury Bangladesh Inland Water Transport Corporation………………..Appellant Vs. Al-Falah Shipping Lines Ltd. and others……………..Respondents Judgment ......vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)
....ight of the decision of the Government”. In other words, petitioner No.3 was treating Annexure-D to be a binding document. Khandker Mahabubuddin Ahmed submits that petitioner No.3 did not act wrongly and malafide in issuing Annexure-E because if the Government as the supervisory authority t...... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ......p; November 3, 1997. The Intermediate and Secondary Education Ordinance, 1961, Section 10 Section 10 gives the Government the authority to cause an inspection...... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ..Category: Constitutional Law | Date: | Hits: 155
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ......been in possession of the land on payment of rent to the landlord upto 1361 BS by cultivating the land. During the revisional settlement operation at the initial stage the name of the plaintiff was recorded in respect of the land but subsequently the defendants collusively got the land recorded i...... Present: Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Kochi Mia @ Khocha Mia………………Appellant Vs. Suruj Mia being dead his heirs Md Fazlur Rahman and others……………… Respo......ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ..Category: Property Law | Date: | Hits: 65
Chand Biswas and others Vs. Abdul Khaleque Sheikh and others, 1999, 28 CLC (AD)
....the trial Court that in 1331 BS the Bengal Tenancy Act was not amended and the settlement of agricultural lands with tenants was not attended with any formality. As such, the lower appellate Court wrongly insisted on registered kabuliyats. The High Court Division also found that the lower appell......; Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ......lip;…………… Respondents Judgment March 18, 1998. The Code of Civil Procedure, 1908 (V of 1908) Section 115 The High Court Division has interfered with the finding of fact by the last court of fact and such interference is based on det......; Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ..Category: Property Law | Date: | Hits: 45
Abdur Rouf and others Vs. Jalaluddin and another, 1999, 28 CLC (AD)
....rected by the learned Judges of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 22. ......dges of the High Court Division, thereby directing a judicial inquiry. 5. From the impugned judgment it appears that the learned Judges of the High Court Division considered the statements recorded under section 161 of the Code of Criminal Procedure of a number of witnesses and found tha......ality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 22. ......rected by the learned Judges of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 22. ..Category: Criminal Law | Date: | Hits: 66
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
.... Court Division by the impugned judgment and order held: (i) In view of the decree obtained by the writ petitioner on 30-4-86 in Title Suit No.203 of 1983, the respondent-Government wrongly enlisted the disputed property on 23-9-86 namely, plot No.16/1, Road-6, Dhanmondi RA, in v......ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ......………Appellant Vs. Anwar Ahmed and others………………. Respondents Judgment March 5, 1998. The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985) Section 5(2) The Constitution......ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ..Category: Property Law | Date: | Hits: 48
Abdur Rahman and others Vs. State, 1999, 28 CLC (AD)
....appellants having already undergone the sentence were directed to be set at liberty forthwith. 8. Leave was granted to consider whether the learned Judges of the High Court Division acted wrongly and without jurisdiction in convicting the appellants under sections 342/34 of the Penal Co......and sentence passed against the appellants are not sustainable in law. Consequently, the appeal is allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 33. ......nable in law. Consequently, the appeal is allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 33. ......and sentence passed against the appellants are not sustainable in law. Consequently, the appeal is allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 33. ..Category: Criminal Law | Date: | Hits: 76
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
....ttan of the said land on 13-11-1355BS at a rental of Rs 1 annas 12 and paisa 6. Since the time of pattan she possessed the suit land exclusively. During the revisional settlement, the suit land was wrongly recorded in the name of defendant No.1 and on filing objection Pasiran Bibi got the khatia......uddin Mondal and Easin All Mondal possessed the suit jote in equal share and the CS khatian was prepared in their names accordingly. During the revisional rent roll operation the suit jote was also recorded in the names of the defendants and the paddy rent has been commuted into money rent of Rs ......nbsp; Saitan Bibi and others………………. Plaintiff-Appellants ...... as chaua rayat at a rental of 9 maunds 18 seers and 12 chataks paddy under Sharat Shundari Devi. Defendants Asiruddin Mondal and Easin All Mondal possessed the suit jote in equal share and the CS khatian was prepared in their names accordingly. During the revisional rent roll operation the suit..Category: Property Law | Date: | Hits: 52
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ......nt at the Barisal Medical College Hospital but she ultimately succumbed to her injuries. 7. It appears that besides oral evidence prosecution proved a dying declaration, Ext. 2, which was recorded by a Magistrate PW 4 in the presence of several Advocates of the Legal Aid Unit, Barisal, ......f the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ......anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ..Category: Criminal Law | Date: | Hits: 83
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