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Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....aring on merit. For writing out the judgment, I requested brother Mustafa Kamal, J who was the author of the decision in the Bangladesh Sangbad Patra Parishad case 43 DLR (AD) 126 which, we felt, was wrongly applied by the High Court Division in the present case. I thought I would have nothing more ......ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ......Division Judgment Here. Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Dr. Mohiuddin Farooque……………………………………………………………………..Appellant......ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ..Category: Constitutional Law | Date: | Hits: 450
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
....alleged Chairman of the managing committee (defendant No. 1) in the care of the petitioner (defendant No. 2) in a registered envelope which the petitioner is alleged to have refused to receive was wrongly accepted by the Courts below as proper service of notice terminating the lease. ......e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ...... Yusuf Ahmed & another……………….Respondent Judgment July 9, 1997. The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 15 Requirement of the demised premises for an adult son ......e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
.... ex parte decree and directed the defendant to file fresh suit for setting aside the decree. The High Court Division seriously erred in holding that there was no fraud and collusion in the suit and wrongly upheld the trial Court’s order. (iii) the High Court Division wrongly held th......fully proved in the trial Court the elements of fraud as alleged by them for setting aside the ex parte decree and that the plaintiff could not show that the ex parte disposal of the suit had been recorded in the daily cause list against Title Suit No.142 of 1986 which could lead to a presumptio......ip;……………….. Respondents Judgment June 4, 1997. The Code of Civil Procedure, 1908 (V of 1908), Or. IX r. 13 It is a cardinal principle of administration of justice that no result of any judicial proceeding should be all......udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....d order of the Administrative Tribunal holding, inter alia, that initiation of the second proceeding upon fresh charge on 20-4-86 was not authorised by law and that the Administrative Tribunal had wrongly held that new allegations had been brought against respondent No.1 in the memo of charge da......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ......afa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Secretary Ministry of Post and Telegraph, Bangladesh Secretariat, Dhaka…………&hellip......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ..Category: Administrative Law | Date: | Hits: 119
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....f Krishi Bank are entitled to equal protection of law provided by the Act by way of appeal, review and revision as contained in sections 51, 52 and 54 of the said Act and as such the learned Judges wrongly held that section 10A offends Articles 27 and 31 of the Constitution……&helli......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ...... March 1, 1998. The Public Demands Recovery Act, 1913 (III of 1913), Section 10A The Constitution of Bangladesh, 1972, Article 65(1) Articles 27 & 31 All the defaulting borrowers of Krishi Bank are entitled to equal protection of law provided by the Act by way of ......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ..Category: Business or Commercial Law | Date: | Hits: 150
....der rejected all the references.
7. Serajul Huq and Rafiqu-ul Huq, learned Counsel made submissions on behalf of the accused-petitioners making a common ground that the High Court Division acted wrongly in rejecting the references. Both the learned Counsel ultimately submit that even though the......ment of law to record reasons for taking cognizance we find no illegality in those orders on that court. Learned Advocates for the accused 1st party could not show any decision that reasons are to be recorded for taking cognizance but persisted to say that there should be something in the order to s......orted in: 50 DLR (AD) (1998) 189.
......eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
..
Category: Business or Commercial Law | Date: | Hits: 163
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
....mpromise with the defendant appellants admitting their claim and filing a compromise petition in the appellate court to that effect. Amendment of the plaint disputing defendant appellants kabalas was wrongly allowed by the trial court after receipt of the record from the appellate court to pass a de...... High Court Division was far from justified in upholding the order of amendment. The appeal is, accordingly, allowed with cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 148. ......uf J Bimalendu Bikash Roy Chowdhury J Sunil Chandra Mondal and others……………………………………….. Appellants Vs. Narayan Chandra Shil & others ………….. Plaintiff-Respondents Judgment November 5, 1996. Result: The appeal is allowed. The ...... High Court Division was far from justified in upholding the order of amendment. The appeal is, accordingly, allowed with cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 148. ..Category: Procedural Law | Date: | Hits: 149
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....ving interest. During the survey settlement made under the State Acquisition and Tenancy Act, 1950 the said SA plot No. 1448 was recorded in the khatian No. 1 of respondent No. 1, but its area was wrongly recorded as 0.38 acre in place of the actual area of 65.38 acres. 3. In the year 198......me an owner thereof along with the co-sharers. They had no rent-receiving interest. During the survey settlement made under the State Acquisition and Tenancy Act, 1950 the said SA plot No. 1448 was recorded in the khatian No. 1 of respondent No. 1, but its area was wrongly recorded as 0.38 acre i......pondents Judgment August 27, 1996. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), Sections 43(2) & 44(3) Publication of a notification in the official gazette declaring that a compensation assessment-roll has been finally published fo......eof along with the co-sharers. They had no rent-receiving interest. During the survey settlement made under the State Acquisition and Tenancy Act, 1950 the said SA plot No. 1448 was recorded in the khatian No. 1 of respondent No. 1, but its area was wrongly recorded as 0.38 acre in place of the ..Category: Property Law | Date: | Hits: 90
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......n, does not depend upon the appearance or non-appearance of the Attorney-General. (4) The Constitution left it unsaid when the satisfaction of the High Court Division has to be recorded and expressed in the interim order, but we shall presume that the satisfaction is latent ...... Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Commissioner of Customs, Chittagong…………………Appellant Vs. Giasuddin Chowdhury and another……………………...Responde......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ..Category: Criminal Law | Date: | Hits: 119
Mahbubul Alam Vs. State, 1997, 26 CLC (AD)
.... the case against the accused beyond the shadow of reasonable doubt. In that view of the matter, the judgment calls for no interference. 4. It may be mentioned here that the learned Single Judge wrongly held that it is a settled principle that for the same offence an accused cannot be punished ......ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ......t correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ......ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ..Category: Anti-Corruption Laws | Date: | Hits: 81
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ......t Division was inclined to accept the defence version or at least was opposed to the prosecution case. 10. The prosecution not having examined a large number of persons whose statements were recorded under section 161 Cr.P.C. and PW 1 in his evidence having stated that many people were wo...... if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ......nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ..Category: Criminal Law | Date: | Hits: 104
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
....a finding that such finding of the trial Court suffers from any error of law and for such error the decision of the trial Court has been vitiated. Mr. Hossain submits that the High Court Division has wrongly reversed the finding of the trial Court by giving a second and alternative opinion that the ...... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ...... Present: Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Nurul Islam (Md) …… Appellant Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain and ors ……….Respondents Judgment Ma...... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ..Category: Tenancy Law | Date: | Hits: 93
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ...... that the High Court Division left out of consideration the alleged confession of the appellant Airport Manager as he had carried some injury in his two right-hand fingers while his confession was recorded by a Magistrate, but we found that the High Court Division carefully noticed as many as ei......e is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ..Category: Criminal Law | Date: | Hits: 130
Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)
.... Order of the High Court Division. 4. It has been held that in the impugned decision that the High Court Division erroneously invoked section 12 of the Ordinance ignoring the facts of the case and wrongly directed the Deputy Commissioner, Dhaka to record an order to the effect that the acquisitio......in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106.......ed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106.......in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106...Category: Property Law | Date: | Hits: 89
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....e evidence of PWs 2-5 who categorically deposed that the damaged 4232 master cartons were destroyed under instruction of public health department and upon receipt of complaint from the public and wrongly held that the plaintiff manipulated all these evidence to defraud the defendants with a ...... 30-5-91 the surveyors prepared and signed a minute stating that they presumed the damage to be 55% of the total stock to which the appellant disagreed and the appellant’s note of dissent was recorded in the minute and the surveyors suggested that final decision on this question would be ta......late Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Chalna Marine Products Ltd…………………………&hel......e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ..Category: Business or Commercial Law | Date: | Hits: 147
Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)
.... in the kabala of the pre-emptees. 5. Mr. Md. Fazlul Karim, learned Advocate appearing for the pre-emptor petitioner, submits that the learned Single Judge of the High Court Division acted wrongly in holding that the pre-emptor is not a co-sharer in the tenancy and thereby illegally dis......o. 579 of 1994] Judgment July 9, 1995. The State Acquisition and Tenancy Act, 1950, (XXVIII of 1951), Section 96 Pre-emptor was not a tenant of the case holding recorded in S.A. Khatian No. 185, whereas the respondents were co-sharers by purchase in that holdi...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Fatema Bibi……………………&hell......ondents were co-sharers by purchase in that holding. Hence, it was rightly held that the pre-emptor had no locus standi to file the pre-emption case in respect of land of SA Khatin No.185. In both khatians plot No. 991 is a common plot, but pre-emptor being not a co-sharer in SA Khatian No. 185 ..Category: Property Law | Date: | Hits: 51
Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)
....rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ......red at the Sub-Registry Office at Mohammadpur in respect of 230 acres of land belonging to Rabindra Nath Roy and others and by using the said forged document he got his name and the name of his uncle recorded under mutation Case No. IXP-1-2239/80-81 in the Revenue Office, Kashiani Upazila. The appel......ppellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ......rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ..Category: Anti-Corruption Laws | Date: | Hits: 71
Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
....ts. We find no reason to interfere judgment of the High Court Division. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 95. ......y son got the property by way of inheritance. He has since been in possession of the said land. The defendants have no right, title or interest therein. However, they managed to have the said land recorded in their names on the plea that they had purchased the same in a certificate case which is......hellip;……..Respondents Judgment January 19, 1997. The Code of Civil Procedure, 1908 (V of 1908), Section 100 (Repealed) In a second appeal findings of fact cannot be reversed unless those are vitiated by misreading of evidence or non-consi......ts. We find no reason to interfere judgment of the High Court Division. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 95. ..Category: Property Law | Date: | Hits: 49
Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)
....0.00 and put the respondents in possession of the house. The said respondents are residing in the house since the time of their purchase. The case property is not an abandoned property and wrongly listed in “Ka” list by Gazette Notification. 3. The Government-p...... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ...... ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J People’s Republic of Bangladesh, represented by the Secretary, Ministry of Public Works………………….Petitioner ...... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ..Category: Property Law | Date: | Hits: 58
Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)
....he original agreement of tenancy with the original owner, the mother of the plaintiff, for giving one month’s notice to determine the tenancy and the learned Single Judge of the High Court Division wrongly held that the notice that was served on the petitioner terminating the tenancy was a valid n......he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ...... This Case is also Reported in: 50 DLR (AD) (1998) 90. ......he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ..Category: Tenancy Law | Date: | Hits: 78
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