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Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....Wahab, younger brother of the husband of the writ petitioner. 2. It was alleged in the writ petition that the detenu is a small businessman aged about 28 years, unattached with any political party. He was arrested by the police on 31-1-95 in connection with Motijheel PS Case No. 85 (1)95 u......ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ......ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ..Category: Criminal Law | Date: | Hits: 99
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....ceeding under section 144 of the Code of Criminal Procedure and Ultimately the Upazila Magistrate dismissed that case on 10-6-85 with the observation that the dispute should be resolved between the parties in the civil Court; that thereafter the defendants again conspired to cut and take away fo......y instituted TS No. 50 of 1969 for correction of record and got a decree; that in pursuance of the said decree the SA records were corrected in their name and they have been possessing the same on payment of rent; that having come to know on 28-4-85 the conspiracy of the defendants to dispossess......dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
....them in respect of the eastern half thereof. The plaintiffs wanted to, sell the said portion of the holding and the defendant agreed to purchase the same for Taka 20,000.00. It was agreed between the parties that the plaintiffs would execute the kabala but the defendant would pay the entire consider...... a kabala in favour of the defendant in respect of the said property and got it subsequently registered as kabala No. 1382 of 1978. In the recital of the document it was shown that the defendant made payments of Taka 2500.00 as baina and Taka 17,500.00 in full satisfaction of the consideration. In f...... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ..Category: Tenancy Law | Date: | Hits: 88
Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
.... a1ia that the High Court Division in another writ petition stayed the operation of the order by which the Ad-hoc Managing Committee had been constituted and, as such, there was no alternative on the part of the Deputy Commissioner, Dhaka but to allow him to continue in service after 31-8-95. 5. ...... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ...... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ..Category: Constitutional Law | Date: | Hits: 163
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....Abdul Gafur, Advocate-on-Record— For Respondent No. 2 (In both the appeals). Abated Vide Order dated 16-6-92. — For Respondent Nos 18&19 (In both the appeals). Ex parte—Respondent Nos. 1, 3-17 and 20-25 (In both the Appeals). Civil Appeal Nos. 16 &a...... dated 18 Jaistha 1364 BS corresponding to 1 June 1957 and on the same day the defendant executed an agreement for reconveyance in favour of the plaintiff undertaking to reconvey the said land on repayment of the consideration money by the month of Magh 1365 BS. Some time afterwards the plaintif......f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ..Category: Property Law | Date: | Hits: 60
....t to allow withdrawal of money against salaries and Government allowances for teachers and other employees of the school and they are being deprived of earning their livelihood, although they are not parties to the dispute of shifting the school from one place to another.
3. Appellant Nos. 1 and ...... there was no legal necessity for shifting the School in question at Alampur village. The writ-petitioners have not been working at Khudbandi and, as such, the concerned authority has rightly stopped payment of their salaries and disbursement of other Government allowances.
4. In disposing of the...... statement and, as such, no arguments were allowed to be made on his behalf.
The appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 87.
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Category: Employment/Service Law | Date: | Hits: 95
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
.... the learned District Judge and disposal of the same according to the provisions of President’s Order No. 7 of 1973 which gave rise to Misc. Case No. 64 of 1992. After hearing both the parties and considering the relevant provision of law, the learned District Judge dismissed the Mis......3 has made special provisions for realisation of the Corporation’s loans from the borrowers in articles 26 and 27, Article 26(1) provides that when a borrower or his surety makes default in repayment etc., the Corporation notwithstanding the provisions of any other law may, without the int......section 5 of the Act without considering the object and purpose of the Act. The proviso to section 5 of the Act, it was submitted, merely saves the special provisions and methods for realisation of loan by financial institutions provided by laws by which they were established but as far as suits..Category: Business or Commercial Law | Date: | Hits: 117
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....ul Alam Chowdhury, Advocate-on-Record—For the Appellants. Md. Shamsul Alam, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Respondent No. 1. Ex-parte — Respondent Nos. 2 & 3. Civil Appeal No. 63 of 1995. (From the judgm...... being Plot No. 129, Road No. 3, Block-A, Section 12, Mirpur Housing Estate, Dhaka under a deed of lease No. 8783 dated 15 November 1968 executed by the then Government for a period of 99 years on payment of Taka 9306.00 as salami. Ayesha Bibi was his full sister. They used to live at their pate......t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... said deed defendant No. 2 entered into three separate agreements for sale in respect of 3.38 acres of the land in suit with defendant Nos. 4-9 and delivered possession there of in their favour in part performance of the contracts. Since then defendants No. 4-9 had been in possession of the said...... 4. The case of the plaintiff set out in his plaint was that defendant No. 1 was very affectionate to him. He purchased schedule 1 land in her name by means of a Kabala dated 9 July 1952 on payment of the entire consideration. Similarly, he purchased schedules 2-5 lands from different per...... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ...... land to the petitioners by as many as five registered deeds of sale with separate unregistered agreements for reconveyance undertaking to reconvey the said lands in their favour within 7 years on payment of the consideration by 30th Chaitra of any year. Reconveyance was refused by the petitione......h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ..Category: Property Law | Date: | Hits: 72
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....affirmed by the judgment and orders dated 24-8-89 passed by the Additional District Judge, Kushtia in Tide Appeal No. 58 of 1986. 2. Plaintiff-respondents filed the aforesaid suit for partition claiming 12 annas 10 ½ paisa share in the Suit property stating, inter alia, that ......not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ......ia. Ibrahim registered a deed in favour of Judhistir and in exchange Judhistir executed a power of attorney in favour of his son Dhirendra for execution of necessary deeds at Kushtia. Ibrahim took loan from many people and to avoid the creditors Ibrahim got settlement of the suit land in the nam..Category: Property Law | Date: | Hits: 77
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....Bash Mahal by inviting tender it could not act arbitrarily by rejecting all the tenders or by not offering to the highest bidder to purchase at the enhanced price which might have been offered by a party who did not take part in the tender. He has submitted that the petitioner invoked the writ ju......foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ......foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ..Category: Constitutional Law | Date: | Hits: 149
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....aw, it cannot also be properly said that the application filed beyond 60 days is barred by limitation. The revisional court is to look into the question whether there has been gross negligence on the part of the petitioner or an inordinate delay in moving such revisional application. The appellantâ€...... loan amount can be charged for criminal breach of trust at the instance of the loaner. On behalf of the appellant it was clearly brought to the notice of the High Court Division that refusal for non-payment of loan does not constitute the offence of criminal breach of trust. The learned Judge of th......l briefly be narrated as hereunder: Respondent No. 2 filed a petition of complaint before the Thana Magistrate, Tarali, alleging, inter alia, that on the 1st of Bhadra 1395 BS the appellant took a loan of Taka 20,000.00 from him by signing a hand note with a promise to repay the same on demand. B..Category: Criminal Law | Date: | Hits: 78
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
....d the High Court Division in revision and obtained a Rule in Civil Revision No. 1366 of 1992. A learned Single Judge, by the impugned judgment and order dated 29 April, 1993, upon hearing the parties discharged the Rule holding that in enforcing a decree for money the Court may on the pray......fs appeal by leave is whether a family court has power under sub-section (5) of section 16 of the Family Courts Ordinance 1985 (Ordinance No. XVIII of 1985, briefly, the Ordinance, to direct payment of any money to be paid under a decree passed by it during execution proceeding. The High C...... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ..Category: Family Law | Date: | Hits: 144
Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
....lenged an order dated 18-10-95 as contained in Annexure-1 passed by the Government withdrawing the investigation of Madaripur Police Station Case No.7 dated 7-3-95 from the Criminal Investigation Department (CID) before the High Court Division Writ Petition No. 2647 of 1995. A Division Benc......nt No. 9. Mr. Halder submits that imposition of cost against an accused is unusual and unknown to law and may accordingly be remitted. The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This...... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ..Category: Criminal Law | Date: | Hits: 78
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....983) by which the expression ‘school’ is excluded from the definition of ‘any authority’. The learned Judge has not at all considered whether a secondary school fits in that part of the definition of ‘local authority’ as has been underlined by him. The question......cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ......cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ..Category: Others | Date: | Hits: 85
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....bul Kalam Azad who was still absconding. It appears that at one stage the State and the defence lawyers agreed that since PWs were already examined in the Special Martial Law Court and argument was partly heard there, there was no necessity of adducing fresh evidence in the case and accordingly, ......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ..Category: Criminal Law | Date: | Hits: 120
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....ders and directions—Dimension of such powers— Article 102 of our Constitution is not an isolated island standing above or beyond the sea-level of the other provisions of the Constitution. It is a part of the over-all scheme, objectives and purposes of the Constitution. And its interpretation is ......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. ......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)
.... terminating the lease. 7. Defendant No. 1 respondent No. 2 was the chairman of the Governing Body of the Kindergarten school at the time when the lease deed was executed between the parties. When the notice under section 106 of the Transfer of Property Act was served the petitione......g in holding that the lease expired on 1-1-90, which is contrary to section 106 of the Transfer of Property Act. 5. All the courts below found that the petitioner was a defaulter in payment of rent and therefore the question whether the lease expired on 1-1-90 is not very materia......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
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....provision or under necessary implication under any law or rules, initiation of a second proceeding when the first one ended on a mere technicality owing to efflux of time, without any fault on the part of the punishing authority, is fully maintainable. ……….(19) Lawyers......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. ......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
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