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BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....isfied granted licence. So, there is no scope of lifting the veil. 9. Mr. Tawfique Nawaz, learned Advocate appearing on behalf of the writ petitioner- respondent, on the other hand, submits that the learned Advocate appearing on behalf of the appellants argued the case beyon......plied immediately or at an earlier date to the purposes of the trust, the trustee may, subject to any direction contained in the instrument of trust, invest money on the securities i.e., promissory note, debenture, stock or other security of the Government. Section 20B of the Trust Act also provi..Category: Constitutional Law | Date: | Hits: 199
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
....st be optional as the notice is not for the part of the cause of action for such eviction and cause of action is the denial of landlord’s title……………………..(8) Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, (Mustafa Niaz Mahmud, Advocate with him) instructed by ......rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ..Category: Tenancy Law | Date: | Hits: 70
Md. Saifur Rahman Emam Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... Counsel for the petitioner submits that since the writ petition is pending the petitioner should not be treated as a loan defaulter. 6. The learned Additional Attorney General on the other hand submits that since no appeal has been preferred against the decree of the Artha Kin Adalat the......ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ..Category: Election Law | Date: | Hits: 119
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......teed by the Constitution. 3. Before we consider the relevant conÂtentions it will be relevant to consider secÂtion 95A which was inserted by amendment. It will also be relevant to note that subÂsection (4) and (5) were added to section 95 of the Act by Article 2 of President's O..Category: Property Law | Date: | Hits: 85
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....1977 was promulgated. The appellant filed writ petition No. 296 of 1978 challenging a notice being Memo No. AP-18-Sakha(a)/77/205 dated 21-3-78 issued by Abandoned Property authority asking him to hand over possession of the property in default he will be liable to be evicted. The writ petition a......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ..Category: Constitutional Law | Date: | Hits: 157
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, EstaÂblishment Div & ors, 1980, 9 CLC (AD)
....t be made a ground for declaring the order illegal. The Screening Board found the appellant guilty of the charges, namely, malpractice and corruption. The appellant failed to explain his authority to hand over the 25 electric switches out of 40 new switches of 60 A.M.P.S., taken from the C T.S. St......ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ..Category: Employment/Service Law | Date: | Hits: 70
Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)
.... wakf deed the property has been held wholly for religious or charitable purposes, and l/3rd of the income of the property has been set apart as the Mutawalli’s remuneration which is taxable in his hand, while the remaining 2/3rd of the income has been set apart wholly for religious or charitable ......f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....ct has been decided in the previous trial and it has been found that the gold was not recovered from possession of the appellant. Mr. A.W. Bhuiyan, learned Assistant Attorney General, on the other hand, contends that the offence under Act 1 of 1956 is quite distinct and separate from the offen......ble to be prosecuted and punished under either or any of those enactments, but shall not be liable to be punished twice for the same offence." Article 35 (2) of the Constitution, it may be noted here, also puts a bar against second prosecution in the following terms: "No person shal..Category: Criminal Law | Date: | Hits: 42
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
....Supreme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J KM Subhan J Abdus Sattar & others................Appellants. Vs. Suresh Chandra Das & others………….Respondents Judgment May 2, 1978. Result: The appeal......either their predecessor nor they entered the premises wrongfully, and so their continuance in the premises will be that of a tenant by sufferance to borrow again another English concept. It is to be noted that tenÂancy by sufferance arises by implication of law and cannot be created by a contract ..Category: Tenancy Law | Date: | Hits: 67
State, People's ReÂpublic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....nt. Serajul Huq, Advocate, instructed by B.C. Panday, Advocate-on-Record—For the Respondent. Syed Ishtiaq Ahmed, Senior Advocate, Abdus Sobhan, Senior Advocate, Fakir Shahabuddin Ahmed, M.H. Khandkar, Senior Advocates—Amicus Curiae. Criminal Appeal No. 31 of 1978. (Arising out of C......75 shall have effect as modiÂfied by this Proclamation. The Proclamation amended certain provisions in the Constitution as enumerated in the Proclamation. 18. From a consideration of the features noted above it leaves no room for doubt that the Constitution though not abrogated, was reduced to a..Category: Criminal Law | Date: | Hits: 294
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....aharaj Mohesur Singh Vs. The Bengal Government, 7 MIA 283; Shoonath Vs. Remnath, 10 MIA 413; Pichu Ayyangar Vs. Perarulala Ramanuja Joer Seamigal, ILR 1940 Mad 901. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate, instructed by SM 11uq, Advocate-on-Record–For the Appell......on the finality of an order. The second is that the court of co‑ordinate jurisdiction will be called upon to revise its own earlier order once it has taken a view on that order. We, however, note that subject to review, all such orders are final and therefore cannot collaterally be challen..Category: Others | Date: | Hits: 119
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....s passed an order of status quo and temporary injunction without accepting the plaintiffs basic case. 11. Mr. Asrarul Hossain, learned Counsel for the plaintiff‑respondent, submits, on the other hand, that there is no concurrent finding of fact by the two courts below as to the vacant space com......he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ..Category: Property Law | Date: | Hits: 66
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....u by ramdao. Acquitted accused Latifur gave a gupti blow in his belly and Tunu died. Appellant Khalilur Rahman gave a ramdao blow on the head of deceased Ekhlasuddin which he resisted by his right hand resulting in the severance of his thumbs. Appellant Kawsar Munshi gave a ramdao blow on the he...... scrutinised with care, and conviction should not be based upon such evidence alone unless the Court can place implicit reliance thereon". (Para 10). 18. It is also instructive to note the following observations of the Indian Supreme Court in the case of Masalti Vs. State ..Category: Criminal Law | Date: | Hits: 60
Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
.... was only argued by the Government that the kabala was not genuine and the court on mere comparison by its naked eyes held that the kabala is not genuine without there being any examination by the hand‑writing expert or thumb impression expert to ascertain the genuineness of the thumb impr...... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ..Category: Property Law | Date: | Hits: 63
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
.... of Tk. 214.40 was realized from him by the respondent. P.W. 15, Motahar Ali Talukder, an Assistant Tahsilder of the same Tahsil Office, proved several rent receipts including Ext. 12 to be in the handwriting of the respondent. He also proved the respondent's initial thereon. The learned Deputy ......e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ..Category: Criminal Law | Date: | Hits: 41
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
....(In CA No. 15 of 1993). Hassan Arif, Deputy Attorney-General, instructed by B Hossain, Advocate-on-Record-For Respondent Nos. 1 and 2. (In CA No. 15 of 1993). Amir Hossain Khandker, Advocate (appeared with leave of the court) (M A Tarek, Advocate with him), instructed by ....... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ..Category: Labour and Industrial Law | Date: | Hits: 103
Nazimuddin Molla, (Md) Vs. Government of the People's Republic of BD & ors, 1993, 22 CLC (AD)
....were initially void, the election of respondent No. 5 as Chairman was void, the oath of office taken by him was void and his continuance in office is also without lawful authority. 9. Mr. Khandker Mahbubuddin Ahmed, learned Advocate for respondent No. 5, submits on the other hand that on......ding or purporting to hold the office of Chairman of Rajapur Union Parishad, District Jhalakati without lawful authority. Ed. This case is also reported in: 45 DLR (AD) (1993) 115 ..Category: Election Law | Date: | Hits: 106
Quazi Nazrul Islam Vs. Bangladesh House Building Finance Corporation, 1993, 22 CLC (AD)
....ee made any grievance as to the alleged vagueness of the charge, or complained that because of such vagueness he could not represent his case or that he was prejudiced in his defence. On the other hand, in his reply to the charge he said he was a victim of circumstances and the evil design of th......e dismiss the appeal of the employee, CA No. 28 of 1992 and allow that of the Corporation CA No. 29 of 1992. No. costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 106 ..Category: Administrative Law | Date: | Hits: 100
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....ut the production of the accused before the Magistrate does not amount to taking cognizance of any offence by the Magistrate as till the submission of the charge‑sheet the case remains in the hands of the police and the Magistrate has no occasion to take cognizance and if the police before ......nd other inmates of the house and took away gold ornaments, etc. The Police started a case under sections 147/448/380 Penal Code and on investigation submitted a final report dated 13.11.75 with a note dated 8.2.76 which read as follows: "Forwarded FR as false under sections 14..Category: Criminal Law | Date: | Hits: 40
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
.... with a mission to hit the highest law officer of the country, and stated "that fact was also treated as a basis for the order of detention". I find a statement to that effect written in hand on the margin of the typed paper in the departmental file where the decision was taken to make......action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ..Category: Criminal Law | Date: | Hits: 88
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