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Monir Ahmed and ors. Vs. Forest Research Institute, Chittagong and ors. 2001, 30 CLC (AD)
.... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 68. ......sp; The Constitution of Bangladesh, 1972, Article 104 Since the learned Advocate for the petitioners has not assailed the impugned judgment and agitating questions which were not a...... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 68. ......iled FAT No.41 of 1995 against the preliminary decree on 15.1.1995 but the memo of appeal was taken back by the said appellants on 22-2-1995. Thereafter on 29-11-1995 final decree was passed by the trial Court and the same was put into execution on 20-1-1996 in Execution Case No. 3 of 1996. There..Category: Property Law | Date: | Hits: 80
Momtazuddin Sarker and others Vs. Abdur Rob and others, 2001, 30 CLC (AD)
....he petitioners. The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 67 ......1), Section 96 Petitioners not being themselves pre-emptors but being merely legal representatives of the pre-emptor they were not co-sharers by inheritance at the time of filing of the case for pre-emption. As such their subsequently becoming cosharers by inheritance during pendency of t......he petitioners. The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 67 ......he petitioners. The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 67 ..Category: Property Law | Date: | Hits: 65
Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)
....nce, 1963 (XX of 1963), Section 18(1) Under the Ordinance for getting a decree of eviction the landlord is to decide which premises out of many is required by him bonafide. The right of bonafide requirement is always with landlord but he is under legal obligation to prove tha...... April 24, 2000. The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 18(1) Under the Ordinance for getting a decree of eviction the landlord is to decide which premises out of many is required b...... suit. In the result the appeal is allowed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 63. ...... and Rule Nisi was issued upon the appellant. 5. The learned Single Judge of the High Court Division by the impugned judgment and order set aside the judgment and decree of the trial Court and dismissed the suit, against that judgment and decree the appellant preferred this a..Category: Property Law | Date: | Hits: 69
Abul Khair (Md) Vs. Pubali Bank Ltd and another, 2000, 29 CLC (AD)
....gned judgment and order. The submissions of the learned Advocate do not merit any consideration. The petition is dismissed. Ed. This Case is also Reported in:53 DLR (AD) (2001) 62. ......der VII rule 11 Cause of action Only the averments made in the plaints are to be considered to come to a finding as to whether those disclose a cause of action and while deciding an application for rejection of the plaint the court must not travel beyond the averments made in the plaint.............gned judgment and order. The submissions of the learned Advocate do not merit any consideration. The petition is dismissed. Ed. This Case is also Reported in:53 DLR (AD) (2001) 62. ......laint under Order 7 rule 11 and section 151 CPC stating, inter alia, that service of the plaintiff has no cause of action to file the suit to which the plaintiff filed a written objection. 4. The trial Court rejected the application The defendant bank preferred the aforesaid civil revision in th..Category: Civil Law | Date: | Hits: 105
State Vs. Shahjahan, 2001, 30 CLC (AD)
.... (XLV of 1860), Section 100 The prosecution having failed to explain satisfactorily the incised injuries on the back of the accused supported by medical certificate the plea of right of private defence of life of the accused can not be brushed aside………&he......Deputy Attorney General, instructed by Md. Saffadul Huq, Advocate-on Record—For the Petitioner Not represented—The Respondent. Criminal Petition for Leave to Appeal No. 61 of 1915. (From the judgment and order dated 15-8-19......ed to interfere with the impugned judgment. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 58. ......ed to interfere with the impugned judgment. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 58. ..Category: Criminal Law | Date: | Hits: 55
Nuruzzaman (Md) Vs. Moazzem Hossain and others, 2001, 30 CLC (AD)
.... of the Civil Revision No. 1900 of 1991 before the High Court Division. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 56. ......ode of Civil Procedure, 1908 (V of 1908) Order XXII rule 9 The suit as a whole had not been abated on account of death of one of the appellants during pendency of the appeal before pronouncement of the judgment of the appeal. The suit being one for declaration of title the r...... of the Civil Revision No. 1900 of 1991 before the High Court Division. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 56. ...... Narayanganj which was heard by the learned Additional District Judge, Narayanganj who by judgment dated 25-11-1990 allowed the appeal, decreed the suit and set aside the judgment and decree of the trial Court. On behalf of the defendant No. 9 the Rule in Civil Revision No. 1900 of 1991 was obtai..Category: Property Law | Date: | Hits: 46
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
....d that prosecution has been able to prove that accused-appellants Rajib Kamrul Hassan, Al- Amin and Maksudul Alam are guilty of committing an offence under section 9(Ka) and as such, they have been rightly convicted under section 9(Ga) of the Am, and consequently their appeals are dismissed. ......e offence of rape could not be proved but at the same time it is proved on evidence beyond reasonable doubt that the accused- appellants committed immoral act with the woman, even though no charge for the offence of immoral act has been framed, conviction for immoral act is sustainable…&h...... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ......ned in all 10 witnesses to substantiate the charge. PW 1 is the informant, PWs 2 and 3 are the alleged victims. 5. As already noticed, the conviction and sentence passed by the trial Court was upheld by a Division Bench of the High Court Division. 6. Mr. ..Category: Criminal Law | Date: | Hits: 72
Moyenuddin Torafdar (Md) & others Vs. Tamijuddin Milky and others, 2001, 30 CLC (AD)
.... the submission. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 49 ......ority Act 1875 (IX of 1875), Section 3 The plaintiff-petitioner did not file the suit within three years of his attaining majority the suit being filed challenging the solenama forty-fifty years after it was made. So whether he was minor at the time of filing of the solenama ...... the submission. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 49 ......ossession MRR Khatian was prepared in their names. Plaintiff was not minor at that time and he and his mother put their signature and thumb impression in the solenama. The suit was dismissed by the trial Court. On appeal by the plaintiff court of appeal below dismissed the appeal. Being aggrieve..Category: Property Law | Date: | Hits: 49
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 2001, 30 CLC (AD)
....g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48.......on-Record— For the Petitioner Mustafa Niaz Mohan2rnad, Advocate, instructed by Azra Ali, Advocate-on-Record — For Respondent No.1. Not Represented — Respondent Nos.2-10. Civil Petition for Leave to Appeal No. 820 of 1999. (From the judgment and order dated 24 June 1999 passed by th......g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48....... a declaration that she was entitled to continue as a lessee therein under the petitioner. She also prayed for recovery of khas possession of the suit shop. The petitioner contested the suit. But the trial Court decreed the suit on the findings that Md. Ismail had been killed on 24 December, 1971 an..Category: Property Law | Date: | Hits: 107
Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)
....eaving behind defendant No.1 as his son and defendant No.2 as his widow and Khalilur Rahman continued to possess the property as the care-taker of the said defendants. Defendant Nos.3-11 having no right, title and interest on 15-1-1976 trespassed into a portion of the suit land appertaining to C......; April 6, 2000. The Specific Relief Act, 1877 ( I of 1877), Section 22 In a suit for specific performance of contract for sale of immovable property the plaintiff is entitled to de...... plaintiffs. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 45. ......ner of the suit property and his heirs defendant Nos.1 and 2 had right to sell the entire suit property and, as such, High Court Division acted illegally in affirming the judgment and decree of the trial Court. He further submits that from the facts and circumstances of the case it appears that ..Category: Property Law | Date: | Hits: 64
State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)
.... The accused having alleged to have committed a substantive offence of murder his liberty can be curtailed under section 497 of the Code of Criminal Procedure. As such violation of fundamental right cannot arise since “save in accordance with law” as mentioned in Article 32 of th......n of fundamental right cannot arise since “save in accordance with law” as mentioned in Article 32 of the Constitution not only refers to criminal law but also civil law which provides for arrest and detention for recovery of decreetal dues and public dues………&hel......ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ...... made contradictory statements about recognition of the accused in the TI Parade and had sworn an affidavit before the Notary Public. The truth or falsity of this document will be gone into at the trial. This affidavit cannot have any bearing at the present moment in considering the question of ..Category: Criminal Law | Date: | Hits: 68
Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)
....dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ......Ishtiaq Ahmed, Senior Advocate, (Rokanuddin Mahmud, Senior Advocate with him) instructed by Sharifuddin Chaklader, Advocate‑ on ‑Record‑ For the Respondent. Civil Petition for Leave to Appeal No. 333 of 1995. (From the Judgment and Order dated 23.2.95 passed by th......dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ......ee of the Board by its resolution dated 16.1.94 had come to a decision that the result of the respondent would remain unchanged and that was conveyed by the Memo dated 17.1.94. 4. Both the trial Court and the lower appellate Court in decreeing the suit held that in answer to the Board's ..Category: Constitutional Law | Date: | Hits: 182
....tered kabala dated 12.6.45 and that her husband purchased the same land by a registered kabala dated 16 Chaitra, 1350 BS and that since then they had been possessing the suit land in exercise of this right, title and interest therein; that while the plaintiff (mother of the appellant) had been in ex......n the material evidence on record and to finally dispose of the case. . . The suit being an old case of 30 years the remand order ought not to have been made so lightly without any justifiable ground for remand………………………………………..(7)
Lawyers Involved:
Nazrul Islam Ch......y comment.
The appeal is allowed with cost and the case is sent back to the High Court Division for disposal in accordance with law.
Ed.
This case is also reported in:47 DLR (AD) (1995) 162.
......lhet), subsequently renumbered as Civil Revision No.10022 of 1991 (Dhaka), remanding Title Suit No.251 of 1961, renumbered as Title Suit No.58 of 1962 of the Court of Subordinate Judge, Sylhet to the trial Court after setting aside the concurrent judgments and decrees of the courts below.
2. The ..
Category: Property Law | Date: | Hits: 46
Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)
.... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ...... No.255 of 1985 now Title Suit No.212 of 1994). 2. Appellant Mrs. Shahana Hossain was a defendant in Title Suit No.177 of 1984 in the Fourth Court of Subordinate Judge, Dhaka. The suit was for specific performance of contract for sale of house at Pallabi, Dhaka. On transfer to the Court ...... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ......eous Case No. 275 of 1992 for restitution of possession under section 144 of the Code of Civil Procedure with Title Suit No.177 of 1994 in which the appellant was a defendant after holding that the trial Court dismissed the miscellaneous case on an erroneous view of law and thereby illegally refu..Category: Property Law | Date: | Hits: 68
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ......rom 1.7.76 to 3.7.76 on account of the illness of his father who along with his mother and his wife and children were at that time living at Magura Town. Enclosing medical certificates he applied for extension of leave till 8.7.76 as the condition of his alling father and wife deteriorated. The......sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ......f contract in the name of his firm "M/s KM Islam" during the period of absence. Several contractors complained to the office that he was conducting business while on leave. 4. The trial Court disbelieved the case of illness of the plaintiff and found that the plaintiff had some ..Category: Property Law | Date: | Hits: 124
Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
....Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......essions Judge, Gazipur in Sessions Case No.3 of 1989 convicting the appellants along with one Golap under sections 302/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for life and also convicting them under sections 307/34 of the Penal Code and sentencing each of the......Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......t the eye‑witness being a child witness should not be believed in the present case, it may be mentioned that this argument was made for the first time before this Division. From the judgment of the trial Court and the High Court Division it does not appear that any argument was made challenging th..Category: Criminal Law | Date: | Hits: 49
Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)
....he enquiry officer. 9. Mr. Miah Abdul Gafur, the learned Advocate‑on‑Record appearing on behalf of the respondent No. 1, on the other hand, contended that the Appellate Tribunal rightly found that the respondent No.1 was not given any opportunity to defend himself as he was no......ministrative Tribunal in Administrative Tribunal Case No. 29 of 1990. 2. Respondent No.1 Hasem Ahmed Bhuiyan filed an application under section 4(1) of the Administrative Tribunal Act. 1980 for a declaration that the order of the appellant dated 31.11.1988 compulsorily retiring him from s...... enquiry when the respondent No. 1 himself admitted at least one of the charges leveled against him. The learned Advocate further contended that without any finding that the enquiry officer acted unfairly and against the principle of natural justice, the Appellate Tribunal acted in excess of its...... first charge is concerned the respondent No. 1 admitted the same in writing when the incident occurred. 11. It is to be mentioned that the enquiry officer is not to follow the procedure of trial by court. In appropriate cases, the enquiry officer may arrive at a decision simply by questi..Category: Administrative Law | Date: | Hits: 138
Special Reference No. 1 of 1995, 24 CLC (AD)
....of Courts entertained by some Jurists, text‑book writers and Judges in the American and English Jurisdictions mainly on the ground of inexpediency, inconvenience, embarrassment and prejudice to the rights of future litigants, The objection, it seems, touched a very sympathetic chord with (Sir) Zaf......he same thing, i.e. absent as provided in Article 67(1)(b) and would result in vacation of seat in the parliament if other conditions are present, namely, being absent without leave of the parliament for ninety consecutive sittings days. In computing ninety consecutive sitting days the period betwee......oon of the 4th July, 1995 the reference was received with a forwarding letter addressed to the Secretary of the Chief Justice and signed by the Secretary, Ministry of Law, Justice and Parliamentary Affairs with a request to place the Reference before the Chief Justice. The reference could not be add...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ..Category: Constitutional Law | Date: | Hits: 248
Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)
.... adverse possession after amending the plaint and adducing fresh evidence, if so advised. 6. Leave was granted to consider whether the learned Single Judge of the High Court Division acted rightly in remanding the suit to the trial Court for giving the plaintiff a chance to prove her cas......irected against the judgment of a Single Judge of the High Court Division passed in Civil Revision No. 3823 of 1991 (Dhaka), remanding Title Suit No. 912 of 1975 to the Assistant Judge, Chuadanga, for hearing of the suit afresh. 2. Plaintiff‑respondent instituted the aforesaid suit ......r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ......‑5 who sold the suit land to defendant No.12 on 27.3.1974. He (defendant No. 12) claimed possession in the suit land denying the case of both the plaintiff and defendant No. 7. 4. The trial Court dismissed the suit upon disbelieving the plaintiff's claim of alleged title and possess..Category: Property Law | Date: | Hits: 47
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ...... M H Rahman CJ: The appellant filed a miscellaneous case under section 74 of the Trusts Act, 1882, FMA No. 74 of 1992 before the Court of Additional District Judge, First Court Dhaka, praying for his appointment as a tr......ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ...... Act is limited only to cases where the trust is an un‑disputed and executable one. In this case the creation, validity, existence and excitability of the trust itself is being disputed. The trial Court correctly held that if the miscellaneous case is proceeded with, conflicting decisions ..Category: Property Law | Date: | Hits: 76
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