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Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....espondent by filing affidavit-in-opposition contested the Rule contending, inter alia, that the writ-petition was not maintainable as it relates to service condition of the writ-petitioner and the proper forum was the Administrative Tribunal. It was also contended that no formal decision was tak......ocate, (Mr. Ajmalul Hossain, QC Senior Advocate with him) instructed by Mr. Mvi Wahidullah, Advocate-on-Record—For the Respondent. Civil Appeal No. 5 of 2004. (From the judgment and order dated 25th June, 2003 passed by the High Court Division in Writ Petition No. 4134 of 200......some vested quarters in the service of the appellant and in such view of the matter the High Court Division for doing the substantial justice, rightly passed the impugned judgment and there is no illegality for interference. 13. Mr. Khan has next submitted that it is a settled law that no..Category: Employment/Service Law | Date: | Hits: 69
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
....urt held since defendants' documents namely, Heba deed, the kabuliyat and the CS khatian prepared in the name of Rahim Boksha Bepari, RS Khatian and other papers, were not discussed extensively and properly by the trial Court, as such, for proper adjudication of the dispute of the parties it wou......is no order as to cost. Ed. ......name of Rahim Boksha Bepari, RS Khatian and other papers, were not discussed extensively and properly by the trial Court, as such, for proper adjudication of the dispute of the parties it would be legal and proper to remand the suit to the trial Court and thereupon, upon allowing the appeal, sen..Category: Property Law | Date: | Hits: 36
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....f accused Abdul Quayum dated 13-4-2005. The action of the learned Magistrate is malafide and it, in fact, leads to the malafide intention of the prosecution to throttle the proper investigation of the case. 12. The learned Counsel thereafter, submits that the case ...... Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J Abdul Mazid Khan (Md) Advocate........Petitioner vs State and another... .........Respondents Judgment ...... ought to have been investigated properly and having so many lapses including those mentioned by the informant petitioner in his application dated 30-4-2003 that the learned Magistrate committed illegality in rejecting the prayer for further investigation. The learned Sessions Judge, in his turn..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....dule is not capable of absorbing temporary Articles of the Constitution itself, (iv) Insertion of the residual period of this Parliament in the Fourth Schedule is, therefore, inappropriate, since its proper place is within the main body of the Constitution itself; (v) that the impugned paragraph 23(......rt Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md Ruhul Amin J Md Fazlul Karim J MM Ruhul Amin J Md Tafazzul Islam J Amirul K Chowdhury J Farida Akhter and others.........................Petitioners Vs. Bangladesh represenÂted by the Secretary, ......he reserved seats will be filled in by the existing Members of the Parliament by a single transferable vote. Hence the Act is ultra vires and it has been passed without any lawful authority and of no legal effect. All the petitioners have the requisite positive constitutional and legal qualification..Category: Constitutional Law | Date: | Hits: 221
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
.... that she is co-sharer by inheritance from her father Bazul Haque, one of the recorded co-sharers, and that the preemptee-petitioner is a stranger purchaser and that without serving any notice the property has been sold to the said preemptee and that no notice as required under section 89 of the...... Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J Abdul Kashem............................Petitioner Vs. Amirun Nahar and others.................Respondents Judgment March 5, 2006. Lawyers Invo...... no notice as required under section 89 of the State Acquisition and Tenancy Act was served and that the preemptor coming to know of the transfer filed the case on 30-11-1971 and that there was no legal bar in allowing preemption in her favour. The pre-emptee petitioner contested the case statin..Category: Property Law | Date: | Hits: 38
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ...... Present: Md Ruhul Amin J MM Ruhul Amin J Ali Akbar (Md)...............................Appellant vs Shajirannessa Bewa and others........Respondents Judgment &......ince plaintiff in spite of taking out summons for examining the scribe in support of his case having had not offered any explanation for non-examination of the scribe of the deed a presumption can legally be drawn that the scribe was not examined since he would not have supported the case of the..Category: Property Law | Date: | Hits: 26
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....f the respondent No. 2 was redundant as it has no relevancy with the subject matter of the rules so framed. It appears that the High Court Division did not consider the materials on record in their proper perspective and accordingly, arrived at an erroneous decision which calls for an interferen......: Md. Ruhul Amin J Abu Sayeed Ahmed J MM Ruhul Amin J Capt. (Retd) B Akram Ahmed Khan Chowdhury ...........Appellant Vs. Bangladesh Oil, Gas and Mineral Resources Corporation & other...........Respondents Judgment &nbs......only be compulsorily retired by the Government and, as such, the impugned order of compulsory retirement passed by the respondent No. 2 under the Pension and General Provident Fund Rules, 1987 is illegal and was passed without lawful authority. The further submission of the learned Counsel was th..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
.... divergence of views between the Chief Election Commissioner and the two other Commissioners regarding interpretation of the law, the respondents had to take shelter of the High Court Division for proper construction of the provisions of the Ordinance of 1982 and the Rules fram...... Md. Tafazzul Islam J Amirul K Chowdhury J Election Commission......................Appellant [In both the Appeals] Vs. Alhaj Advocate Md. Rahmat Ali, MP and others.........Respondents [In CA No. 54 of 2006] Judgment May 23, 2006. C...... claim for continuity of the existing voter list. The submission so made, in my view, lacks substance since an act done in violation of the law or in disregard of the Rule would not be clothed with legality only because, of lapse of time or for not taking exception to the act so done in disregard..Category: Election Law | Date: | Hits: 159
Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
.... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... Judgment: Md Ruhul Amin J.-This appeal by the writ petitioner by leave is against the judgment and order dated April 11, 2000 of a Division Bench of the High Court Division in Writ Petition No. ......s not concluded within 180 working days and, as such, the proceeding having came to an end without determination, punishment awarded on the basis of enquiry report in the aforesaid proceeding was illegal. 4. The High Court Division rejected the said contention of&nb..Category: Employment/Service Law | Date: | Hits: 92
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
....me shareholders of the Company. The Company had been carrying on its business in the name and style (1) Bangladesh Paper Converting Works and (2) Farough Industries and acquired valuable immovable properties at different places within the then East Pakistan including a property at Paribagh, Dhak......fazzul Islam J Paper Converting & Packaging Ltd.................. Petitioner Vs. Government of the People’s Republic of Bangladesh and others.......Respondents Judgment January 4th, 2004. Lawyers Involved: ...... and building" as item No.l but the property at Paribagh has not been included therein. Such omission is contrary to the contract for sale entered into by the parties and the petitioner is not legally bound by such malafide and illegal omission at the instance of the seller. The property at ..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
.... the effect of the legisÂlation (1899 A. C. 580 relied on) for that purpose the Court must take into account any public general knowledge of which the court would take judicial noÂtice and may in a proper case require to be informed by the evidence as to what the effect of the legislaÂtion will b......al J Anwar Hossain Chowdhury.................Appellant (In Civil Appeal No. 42 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the SecreÂtary, Ministry of Law and Justice, Bangladesh SecreÂtariat,Ramna,Dhaka & Others ……… Respondents (In Civil Appea......xtensively cited Indian examples such as Allahabad which has a Bench at Ranchi; Bombay High Court which has a Bench at Nagpur. 29. The learned Attorney-General submitted that by the amendment no illegality had been comÂmitted far less of destroying the basic structure of the Constitution. He als..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
.... High Court Division is set aside. Conviction and sentence of acÂcused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157......M H Rahman J ATM Afzal J Mizazul Islam @ Dablu.......Appellant Vs. The State......................... Respondents Judgment January 22, 1989. Result: The appeal is alÂlowed and the judgment and order of the High Court Division is set aside. Conviction and sentence of acÂ......considered as a whole the prosecution story may be true; but between 'may be true' and 'must be true' there is ineÂvitably a long distance to travel and the whole of this distance must be covered by legal reliable and unimpeachable evidence". 27. To recapitulate:—Neighbouring people came immed..Category: Criminal Law | Date: | Hits: 159
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....66 to reap the paddy grown by them (appellants), that Bazlur Rahman opened fire upon them (appellants) causing injuries to four of them, that they exercised their right of private defence of life and property and that on these allegations they filed a counter case against Bazlur Rahman's party men. ......d.This Case is also Reported in: 41 DLR (AD) (1989) 147......e incident took place. As against this evidence, the defence suggesÂtion is that the incident took place no doubt but it took place in Plot No. 3833/4166. If this suggestion is established, then the legal consequence would be different, that is, the appellants would be entitled to exercise their ri..Category: Criminal Law | Date: | Hits: 49
Syed Nizamuddin Mohsin Vs. People's Republic of BanÂgladesh, 1989, 18 CLC (AD)
....answer to the question raised in this case is in the affirmative. The appeal is, accordingly, disÂmissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......Nizamuddin Mohsin being dead his heirs Setara Begum & Others.........Appellant Vs. People's Republic of BanÂgladesh........Respondents Judgment December 1, 1988. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 86(1) (2) (3) as amended by the State Acquisition an...... to the hardÂship of the plaintiff who had a registered kabuliyat of 1947 in his favour which the trial court found to be valid and genuine. This may be so but the court canÂnot help because of the legal provisions made in reÂspect of diluviated lands. It is, however, upto the Government to consi..Category: Property Law | Date: | Hits: 42
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
....since she has been holding over all the terms and conditions contained in the previÂous Agreement arc binding upon her. s. 116 of-the T.P. Act reads thus: "116.If a lessee or under-lessee of property remains in possession thereof after the determiÂnation of the lease granted to the lesse......man J A.T.M. Afzal J Maria Keshi D'Rozario…………………………….......................... Appellant Vs. Hassan Movies Ltd., repÂresented by its Managing Director, 12 Banga Bandhu Avenue, P.S. Ramna, District Dhaka…………………………Respondent Judgment Nove......16 of-the T.P. Act reads thus: "116.If a lessee or under-lessee of property remains in possession thereof after the determiÂnation of the lease granted to the lessee, and the lessor or his legal representative accepts rent from the lessee or under-lessee, or otherwise asÂsents to his ..Category: Property Law | Date: | Hits: 45
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....75 and registered on 19.5.75 and since then she has been possessing the same. DefenÂdant No. 2 wanted to grab the suit land and filed a petition falsely in the office of defendant No. 1 to treat the property as enemy property whereupon Vested Property Case No. 24 of 1978-79 was initiatÂed by defen...... (1989) 124...... erred in law in upholding the decree that was passed by the AppelÂlate Court below on the ground that the Emergency having been lifted on 16.2.69 the proceeding in V.P. Case No. 24 of 1978-79 was illegal and void. 3. Facts are as follows:-Plaintiff filed a title suit being Title Suit No. 198 of..Category: Property Law | Date: | Hits: 56
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....f "Acting Chairman" has been brought into this OrdiÂnance for a limited purpose namely, to exercise such powers and discharge such duties of the office of the Chairman which are necessary to run the proper rouÂtine administration of the Union Parishad within the ambit of the Union Parishad Ordinan...... Badrul Haider Chowdhury J Shahabuddin AhÂmed J M.H. Rahman J A.T.M. Afzal J Abdul Mannan Bhuiyan & Others……….Appellants (In Civil ApÂpeal No. 1 of 1989.) And Bangladesh and others…..................... Petitioners (In C.P. No. 310 of 1988) Vs Monirul Huq and ot...... so. Hence, there is no hesitation in holding that the noconfidence passed consisting of nominated chairman as members who participated in voting but not authorised by law, was not passed validly and legally because the composition of the Upazila Parishad meeting was not in accordance with law. …â..Category: Election Law | Date: | Hits: 128
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
....The appellants in their application (8.11.79) for being added as parties in the High Court Division stated that plaintiff No. 1 after obÂtaining decree in the trial court transferred out of the suit property .60 decimals of land by two registered sale deeds in their favour in consideration of Tk. 6...... A.T.M. Afzal J Sona Mia Bepari & ors................Appellants Vs. Jamila Khatun & ors…………………………………........... Respondents Judgment September 1, 1987. Remand The appellant bringing the suit challenging the deed of gift revealing lateron that the appell......2) instituted the aforesaid suit for declaration that the Hiba-Bil-Ewaz deed dated 22.1.75 (Ext.1 A1) in favour of his (PlainÂtiff No. 1’s) daughters (defendants 1 and 2) was frauÂdulent, void, illegal and not binding upon the plainÂtiffs. 3. Plaintiffs' case was that plaintiff No. 1 beÂing..Category: Property Law | Date: | Hits: 33
Abdul Jalil Vs. Bangladesh House BuilÂding Finance Corporation & another, 1989, 18 CLC (AD)
...., Comilla unÂder Article 27 of the Bangladesh House Building FiÂnance Corporation Order, 1973 (P.O. No. 7 of 1973) against the appellant and his son for an order for sale of the scheduled mortgaged properly for realisation of the outstanding debt of Tk. 6, 83,657/70. The said Misc. Case was allowe......Vs. Bangladesh House BuilÂding Finance Corp. & anr........Respondents Judgment August 21, 1988. Compensation The entire balance amount of loan having been paid in full by the appellant and no outstanding claim remain with HBFC and such payment being made with concurrence of this court......im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109..Category: Property Law | Date: | Hits: 30
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....fic Relief Act, 1877 (1 of 1877), Section 42 The plaintiff-appellant do not have exclusive title over the entire suit land. On the contrary greater part of the suit land is in fact enemy and vested property. The plaintiff-appellant therefore is not entitled to a decree of declaration of title unde............................Respondents Judgment August 10, 1988. The Specific Relief Act, 1877 (1 of 1877), Section 42 The plaintiff-appellant do not have exclusive title over the entire suit land. On the contrary greater part of the suit land is in fact enemy and vested property. The plainti...... decree at least to the extent of 1/3rd share of the suit land and further that since the appellant has been in possession of the entire suit land, an ejmali property, the attempt to oust him without legal parÂtition is unwarranted. 6. It appears that seven heirs of Jadhulal inÂcluding Shaktipa..Category: Property Law | Date: | Hits: 75
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