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Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
....ares. They constructed a two‑storied building thereon, mutated their names and paid all rents and taxes. The appellants, their parents and the said grandmother were all living together in the disputed premises at Bogra. During the end of the war of liberation in 1971 their father Syed Moha...... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ..Category: Property Law | Date: | Hits: 62
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....t Division discharging the Rule in Writ Petition No. 1539 of 1991. 10. The appellant, a private limited company, is engaged, inter alia, in the business of undertaking housing projects. It is not disputed that respondent No. 2 Rajdhani Unnayan Kartripakkha, briefly, RAJUK, (previously DIT) is a ......and 27.9.90 are Annexures H(1) and H(2) to the writ petition. The appeal to the President was not disposed of due to political situation in the country and subsequent change of the Government and the holding of general election to Parliament. The writ Petition was filed challenging the aforesaid..Category: Property Law | Date: | Hits: 79
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
....n seeking quashment of the proceedings on two grounds as stated above and in support of these two grounds, he placed some documents. 3. Allotment, lifting and distribution of the CI sheets are not disputed; but appellant's contention is that he did not distribute the CI sheets, nor was it his off......found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ..Category: Criminal Law | Date: | Hits: 76
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....we will not state the plaint case. After filing the suit on 20.10.90 the plaintiff filed an application for temporary injunction to restrain the defendants from continuing the constructions on the disputed land and on the same date further issued notices to show cause within 7 days and further i......its of the main case as it is one of the main concerns of a Court of law to see that no one dares to interfere with the course of justice by presenting the Court with a fait accompli.” In so holding we relied upon two English cases, namely, Daniel vs. Ferguson (1891) 2 Ch. 27 and Von Jeel ..Category: Civil Law | Date: | Hits: 106
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ......hose who hold post "connected with defence". 8. The appellant is not entitled to any remedy under Article 102 not because he was a member of a disciplined force but because he was holding a service under the pleasure of the President, unrestricted by any constitutional provision..Category: Constitutional Law | Date: | Hits: 203
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
.... vs. Md. Anwarul Islam 26 DLR 315. 16. In the instant case, the suit is in essence and substantially a Suit by the landlord for ejectment of his tenant. In such a case the question of title to the disputed premises is not relevant at all. Once a relationship of landlord and tenant is pleaded by t......der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ..Category: Tenancy Law | Date: | Hits: 87
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
.... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ......r in A Hannan’s case. 15. The learned Additional Attorney-General relying upon Md. Brothers vs. Collector of Customs 48 DLR (AD) 58 submitted that the High Court Division was wrong in holding that the writ-petitions were maintainable. It has been noticed that the High Court Division..Category: Business or Commercial Law | Date: | Hits: 126
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
.... the High Court Division with regard to the right of freedom of speech and expression and freedom of the press as including the right to print and publish note-books generally is not and cannot be disputed. But the question, he submitted, is: Can the publisher-respondents claim that right in res......sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ..Category: Intellectual Property Law | Date: | Hits: 279
Arabinda Sarker Vs. Bimalendu Bhowmik and others, 1996, 25 CLC (AD)
....sion dismissed the appeal only on the ground of locus standi without entering into the merit of the case. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 182 ......n Subodh Ranjan Sarker and in presence of the testator’s son the petitioner could not claim any interest in the property left by Shashi Kanta Sarker and disallowed the application of the petitioner holding that the objector has no locus standi to file the petition of revocation of the will. 5. ..Category: Others | Date: | Hits: 99
Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)
....struction or else, necessary steps would be taken to demolish the same, but no order of demolition can be passed under sub-section (5) of section 3B of the said Act unless finding is given that the disputed construction answers the description contained in clause (a) or (b) or (c) of sub-section ......ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ..Category: Business or Commercial Law | Date: | Hits: 136
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ......ed the Taxes Appellate Tribunal’s newspaper advertisement dated 25-12-92 and defended it in the Writ Petitions. Leave was also granted to consider that the High Court Division erred in law in holding that the recommendation of the Ministry of Establishment is binding upon the Taxes Appella..Category: Constitutional Law | Date: | Hits: 161
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ......ity of the case and taking of cognizance. On that date i.e., 25-9-1995, the complainant was examined on oath and the Assistant Superintendent of Police, Sadar Circle was asked to submit a report upon holding an inquiry into the complaint made and the next date was fixed on 8-11-1995. Being aggrieved..Category: Anti-Corruption Laws | Date: | Hits: 92
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....No. 25 of 1969 it was not necessary for the plaintiffs to substitute the heirs of defendant No.3 in the suit over again and that in any case the suit could not abate as a whole. 8. It is not disputed that the heirs of deceased-defendant No.3 Aga Ali Reza were substituted in Misc, Case No.2......al by the plaintiffs following leave is from judgment and order dated 6 March 1986 passed by a Single Judge of the High Court Divisions in Civil Revision No.420 of 1985 making the Rule absolute and holding the Title Suit No. 245 of 1985 of the 3rd Court of Subordinate Judge, Dhaka abated as a who..Category: Property Law | Date: | Hits: 70
Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)
....igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ......t were missing from the record gave much stress to the order dated 25-3-1976 and without considering the report submitted by the Bench Assistant erroneously found that the trial Court was wrong in holding that summons was not served upon the appellant. The learned Judge of the High Court Divisio..Category: Procedural Law | Date: | Hits: 133
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ......of Home Affairs also appointed a Joint Secretary Ministry of Home Affairs as Inquiry Officer to enquire into the allegations against the appellant The Inquiry Officer did not examine any witness in holding enquiry into the allegations and submitted report finding that the allegations against app..Category: Administrative Law | Date: | Hits: 138
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
.... well as the marker value of the vessel and thus the plaintiffs suit was decreed for US $ 16,20,000.00 “with costs, but without interest.” There were other subsidiary findings on other disputed matters as well, but those findings are not necessary to be noticed for the disposal of th...... persistent in his submission that the market value at the time the policy terminates is the insured value at the commencement of the risk, as held by the Admiralty Court, we have no hesitation in holding that given the history of introduction of Clause 18 in the Time Clauses and the language em..Category: Business or Commercial Law | Date: | Hits: 151
ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)
....d and the respondents Execution Case No.5 of 1977 is dismissed as being barred under section 48 CPC. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 126, 48 DLR (AD) (1996) 141 ...... remand to the Executing Court for a decision as to whether the objector-appellant was a representative of the judgment-debtors. The learned Munsif again dismissed the Miscellaneous Case on 8.12.83 holding that the decree-holder was insane at the time of the judgment. On a further appeal by the ..Category: Civil Law | Date: | Hits: 133
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....pant. In a slip-shod judgment she found that the defendant had not paid rent in spite of his knowledge about the transfer in favour of the plaintiff, that he was a bona fide defaulter and that the disputed premises was required by the plaintiff. The suit was accordingly decreed on 23-9-1986. ......d plaint case that title a the plaintiff on 9-2-1984 and there being assertion that rent was ever demanded from defendant before filing the suit on 4-9-1984, learned SCC Judge was clearly wrong in holding that the defendant was a defaulter. 11. Similarly, as to the question of bonafide re..Category: Property Law | Date: | Hits: 52
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....ppellant for his ejectment and for realisation of arrear rent. The plaintiffs’ case, inter alia, is that Mirza Murshal Hossain and his wife Begum Shamsun Nahar, inducted the defendant in the disputed premises under an agreement dated 14.8.69 with effect from 1.8.69 at a monthly rental of T......worth Taka 1203.00 and plaintiff No.1 promised to adjust the same with the rent of the disputed premises; that plaintiff No.1 during the construction work of judge, extension of the disputed holding took an advance of Taka 17,500.00 from the defendant by cheque and also in cash with a prom..Category: Property Law | Date: | Hits: 56
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
....der the following submissions: “The petitioner now contends that it was stated in the petition and submitted before the High Court Division that the question of age of the petitioner being a disputed question of fact the same could not be decided in the writ jurisdiction, particularly, wh...... petitioner, accepted the nomination paper as a valid one on being satisfied that the appellant was more than 25 years of age on 1-1-95. As such the learned Judges of the High Court Division erred in holding that the Returning Officer had acted without lawful authority in accepting the appellant’s..Category: Election Law | Date: | Hits: 129
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