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Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
.... Court Division but it neither flied any written statement nor opposed the suit or the appeal. No petition for leave to appeal was filed by the Government against the impugned judgment. On the one hand, the evidence produced shows that the Revenue Officers of the Government demanded and realized......t November 25, 1996. The Railways Act, 1890 (IX of 1890), Section 6(3) The Contract Act, 1872 (IX of 1872), Section 23 The suit land being the property of the Government the Railway Administration could not make any contract with respect to the same as this w......t to the orders of Government. Lands acquired for a Municipality, District Board or any other local authority legally entitled to or entrusted by the Government with control or management of any municipal or local funds do not come within the scope of this rule.” ..Category: Administrative Law | Date: | Hits: 130
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14. We do not think that the impugned order is bad on merit nor do we think it to be wholly unpractical. It has at least certainly the merit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is ......erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138....... decisions taken at company meetings unless there is almost a manifest breach of the Articles (of Association) or the Statute, because it is the company and not the Court which is responsible for its management. The High Court Division having found, apparent breach of section 95 in holding the impug..
Category: Business or Commercial Law | Date: | Hits: 121
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....ate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Khandoker Saiful Islam…………………….Petitioner ......o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ..Category: Criminal Law | Date: | Hits: 96
Mahbubul Alam Vs. State, 1997, 26 CLC (AD)
....n found that the policy holders testified that they deposited various amounts towards the premium to the petitioner. The accused-petitioner also made an admission on stamp paper by writing in his own hand wherein he admitted his guilt. The same was marked as Ext. 7 in the case. PWs 2, 3 and 4 having......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. ......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)
....field when the aforementioned accused persons including the appellant forming an unlawful assembly entered into the paddy field armed with dangerous weapons. Accused Hafizur Rahman had a gun in his hand who passed an order to finish the informant party. At once accused-appellant Altaf with an axe......p; 4. It is necessary to observe at the outset that we do not agree with many things as found, held and observed in the impugned judgment, but those are not in issue in this appeal as the Government has not preferred any appeal against the acquittal of the other accused. The issue here i......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)
....pation for providing his sons in business. By serving notice by registered post under section 106 of the Transfer of Property Act on August 14, 1986, he terminated the tenancy and asked the tenant to hand over possession of the shop room but the tenant did not vacate the said shop room. Hence the su......n for providing his sons in business. By serving notice by registered post under section 106 of the Transfer of Property Act on August 14, 1986, he terminated the tenancy and asked the tenant to hand over possession of the shop room but the tenant did not vacate the said shop room. Hence the suit. ...... 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)
....rport Manager received them. The Security Officer of the Airport accused Md Abu Taher Miah (since acquitted by the High Court Division) was also present with the Airport Manager. Both of them shook hands with the two foreigners and the appellant Airport Manager made a gesture to the Security Off...... 1 and 2 took the two foreigner-appellants from the VIP lounge to the customs hail and interrogated them. The two foreigner-appellants admitted that they had some gold in their suit cases. PW 1 recovered 150 gold bars weighing 1500 tolas from the suit case of appellant Bernhard Rudigar contained......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
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....t lawful authority, all the more so, because government will also not deny that the susceptibilities of the tribal people should not be ignored………………..(29) Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (SM Munir Advocate with him) instructed by Sajjadul Huq, ......y to select a Bohmang Chief. The selection will have to be made by the executive only. The court will once enquire whether the selection has been made following the tradition, custom and usage which govern such selection. If so made judiciary will not intervene. If extraneous considerations have inf......gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ..Category: Civil Law | Date: | Hits: 203
Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)
.... scope for further lenience demonstrated by the Administrative Tribunal and the Administrative Appellate Tribunal in the impugned orders. 6. The learned Counsel for respondent No. 1 on the other hand, argued that the nine charges established against the respondent were of minor nature and it wa......houdhury J Bangladesh ………………….Appellant Vs. AM Mansur Ahmed & others………….. Respondents Judgment May 4, 1997. Result: The appeal is allowed. The Government Servants (Discipline and Appeal) Rules, 1985, Rules 2(f), 3(b), 3(d) & 4(5) The pen...... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ..Category: Administrative Law | Date: | Hits: 145
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....o.1 be forbidden from seeking to prevent or delay the petitioner (mother) from bringing the detenu children to the jurisdiction of the said court and further directing that respondent No.1 forthwith hand over the children to the physical care of the petitioner(mother) and that they remain in the in......d Nurul Alam Jalil (born on 23-4-1985) Jasmin Akhter Jalil (born on 8-9-1988). Sharlean Akhter Jalil (born on 24-4-1991) and Mohammad Shah Alam Jalil (born on 9-8-1993) became, a matter of great controversy and the mother Mrs. Sharon Laity Begum Jalil filed the aforesaid 4 writ petitions under Artic......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ..Category: Family Law | Date: | Hits: 250
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
....vidence and confirmed the judgment of the trial court. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate–on-Record — For the Appellant. Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the ......ed to Bangladesh in 1972 and they accepted Taka 1500.00 from the plaintiff and in total they received 9,500.00 out of total consideration of Taka 10,000.00 keeping balance Taka 500.00 only and handed over possession to the plaintiff. This handing over of possession is relatable to the second agreeme......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ..Category: Property Law | Date: | Hits: 86
Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)
....e invalid. 8. Mr. SR Karmaker appearing for the appellant relied on paragraph 437 of Mulla’s ‘Principles of Hindu Law’ (eleventh edition) and also on “A Treatise on Hindu Law’ by Golapchandra Sarkar Sastri (sixth edition), chapter III on marriage to argue that there are two ceremonies......tly married one Rani Das of the district of Mymensingh. 3. The defendant resisted the claim pleading that there was no marriage between the plaintiff and the defendant although the plaintiff made overtures to marry him at the house of the plaintiffs maternal uncle where he lodged as a student. T......ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ..Category: Family Law | Date: | Hits: 212
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
.... in section 25 thereof. This exclusion was upheld in Santosh Kumar vs. Union of India, AIR 1987 (SC) 386, (noticed in paragraph 78 of the report in Mujibur Rahman case), but 11 years thereafter in L Chandra Kumar vs. Union of India AIR 1997 (SC) 1125, the Indian Supreme Court has recently held that ......vs. Union of India, AIR 1986 (SC) 555); (Union of India vs. Majji, AIR 1977 (SC) 757; Sethi vs. Union of India, AIR 1975 (SC) 2164; Mehta vs. Union of India, AIR 1977 (SC) 1673); Dr. Nurul Islam vs. Government of Bangladesh, 33 DLR (AD) 201; Ajay Hasia vs. Khalid Mujib Sarwardi, (1981) 1 SCC 487 = A...... Pilots were to be promoted to the Selection Post of Deputy Operations Manager. A high degree of marks for interview was considered non-arbitrary in view of the fact that the professional ability and management capacity have to be judged by a process of interview as the promotional post is job-orien..Category: Constitutional Law | Date: | Hits: 185
Dr. Waliar Rahman Vs. Bangladesh and others, 1997, 26 CLC (AD)
....exercise of discretion unless to prevent a perverse order. Lawyers Involved: Jamiruddin Sirker, Senior Advocate, instructed by Mvi. Md Wahidullah, Advocate-on-Record- For the Petitioner. Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For......gh Court Division, Dhaka in Writ Petition No. 66 of 1997). Judgment ATM Afzal CJ. - The petitioner, Chairman of Barabaria Union Parishad PS Chitalmari, District Bagerhat, was suspended by the Government by an order dated 1-12-96. He filed writ petition No. 66 of 1977 on 2-1-97 challenging the......ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ..Category: Others | Date: | Hits: 112
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....dent No. 1 committed gross professional misconduct; that the complainant can neither read nor write in Bengali and taking advantage of her dependence and helplessness respondent No. 1 induced her to hand overall her valuable deeds and documents to him and in flagrant violation of her trust, illegal......uced her to pay Taka 1,00 lac to the imam of Nawab Bari Mosque on the undertaking that Imam Sahib would pay her Taka 20,000.00 per year as profit but no profit was ever paid and the principal was recovered after six years after much persuasion; that respondent No. 1 also induced her to pay to resp......ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ..Category: Others | Date: | Hits: 105
Mansur Ali Sikder Vs. Kanailal Banaajee & others, 1997, 26 CLC (AD)
....uently entered into an agreement with him for sale thereof at a consideration of Taka 55,501.00 out of which Taka 50,001.00 had already been paid as earnest money. 2. Defendant No. 3, on the other hand, pleads that Kunja Lal left another son named Rangershwar, besides the three sons mentioned abo......committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ......committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ..Category: Property Law | Date: | Hits: 82
Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)
.... The trial Court closely scrutinized and noticed the contradictions in the evidence of the plaintiffs’ witnesses and the broad circumstances bearing upon the case. The appellate Court, on the other hand, without specifically adverting to the findings and reasonings of the trial Court had independe......reement between the plaintiffs and defendant No. 1 settling the price at Taka 10,000.00 towards which the plaintiff paid Taka 8,001.00 in four installments within the same month. Defendant No. 1 made over possession to the plaintiffs of the cultivable portion of the homestead. The defendant, however......ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ..Category: Property Law | Date: | Hits: 88
Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)
....Sajjadul Huq, Advocate-on-Record— For the Appellant. Khademul Islam Chowdhury, Deputy Attorney-General, instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent No. 1. Khandker Mahbubuddin Ahmed, Senior Advocate (M Zahir, Senior Advocate and SM Munir Advocates with him......vil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Azizur Rahman alias Md. Azizur Rahman……….………… Appellant Vs. Government of Bangladesh represented by the Secretary, Ministry of Housing and Public Works and other......beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ..Category: Procedural Law | Date: | Hits: 138
Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)
....sion case arose out of a suit, Title Suit No. 71 of 1982 for permanent injunction in respect of .19-1/2 acres of land comprised within a plot measuring 2.07 acres. The learned Munsif , First Court, Chandpur decreed the suit in favour of the plaintiffs and the decision was upheld by the learned Subo......r Abdul Khaleque, besides six daughters. Each son got 0.41-1/2 acres of land and each daughter got 0.20-3/4 acres out of the total land of the suit. There was no partition amongst the co-sharers. Moreover, Abdul Khaleque Miji sold more than his share in the plot to Abdul Hossain Sheikh and others. A......fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ..Category: Property Law | Date: | Hits: 83
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
....ersion rate of Taka 42.00 per US dollar from the principal defendant-respondent Nos. 1 to 5. The case of the appellant was that he is a businessman carrying on the business of ship repairer and ship chandler, watchman, chipping and painting, engine store and bunker supplier under the name and style ......instance of the plaintiff against judgment dated 3-8-1998 passed by the Admiralty Court in Admiralty Suit No. 48 of 1996 dismissing the suit. 2. Plaintiff filed the aforesaid suit for recovery of damages and compensation of US $ 22,631.80 equivalent to Taka 9,50,535.60 at the conversion......realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
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