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Syed Nizamuddin Mohsin Vs. People's Republic of Bangladesh, 1989, 18 CLC (AD)
....romulgation of P.O. 135 of 1972 by which section 86 of the Act was substituted is not wrong. However it is upon the government to consider granting of settlement of such land with sympathy to such persons……………..…(5 & 7) Case Referred To- A. Mannan vs. Kulada Ranjan 31 DLR (AD) 195. ......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......lished in the gazette on 13 May 1958 that is long before 1967. 7. Dr. Kamal Hossain submitted as to the hardship 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 cannot help because of the......Nizamuddin Mohsin being dead his heirs Setara Begum & Others.........Appellant Vs. People's Republic of Bangladesh........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..Category: Property Law | Date: | Hits: 42
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
.... Agreement apply in respect of the due date for payment of rent, then the appellant is a defaulter, but if s. 18(5) applies, she is not. Mr. Rafiq-ul-Huq, learned Counsel for the respondent, has made some efforts to show that even if s. 18(5) is applicable to this case still the appellant is a defau...... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135...... Kent Controller on 14 March 1984 and since then she has been continuously and regularly depositing the rent to the Rent Controller and as such she was not a defaulter. As already stated above, the trial Court as well as the revisional Court held the appellant 'defaulter' on the basis that the r......man J A.T.M. Afzal J Maria Keshi D'Rozario…………………………….......................... Appellant Vs. Hassan Movies Ltd., represented by its Managing Director, 12 Banga Bandhu Avenue, P.S. Ramna, District Dhaka…………………………Respondent Judgment Nove..Category: Property Law | Date: | Hits: 45
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
.... was abruptly and secretly promoted to the next higher post without complying with the procedure of interview and selection by the Board which was malafide and illegal. His promotion was malafide also because he was given the same even though in 1983 he was charged for misconduct and corruption.......s against him were not established and he was exonerated by the competent authority. 5. In the affidavit-in-reply the appellant alleged that the Chief Engineer (Countersigning Officer) made some uncalled for remarks in his A.C.R without any basis and foundation but his reporting officer (Execut......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......of 1987. (From the Judgement passed by the High Court Division Dhaka dated 8.4.87, in Writ Petition No. 120 of 1985). Judgment: A.T.M. Afzal J. — This appeal by leave is from the judgment and order dated 8 April 1987 passed by the Writ Bench of the High Court Division, Dhaka dischargin..Category: Employment/Service Law | Date: | Hits: 89
Samiruddin Ahmed alias Samir Mia alias Md. Samiruddin Vs. State, 1987, 16 CLC (AD)
.... An order of injunction in respect of the disputed property from a competent civil court is pending against Abdul Majid. The said order pre-supposes the appellant's possession of the case holding and so long the order of the Civil Court was there and determination of the question of possession witho......lowed. The impugned orders of conviction and sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ......ne, a Chinese wall-clock and clothes, etc. Rokeya Begum (P.W.1) lodged an F.I.R. with Gulshan P.S. five days after the alleged occurrence on 27.12.82 whereupon the appellant was eventually brought to trial before a Metropolitan Magistrate who framed charges under sections 448/380 Penal Code. 3. T......4 An order of injunction in respect of the disputed property from a competent civil court is pending against Abdul Majid. The said order pre-supposes the appellant's possession of the case holding and so long the order of the Civil Court was there and determination of the question of possession w..Category: Criminal Law | Date: | Hits: 59
Abdul Gufur and others Vs. The State and another, 1989, 18 CLC (AD)
....to why complaints should not be lodged against them under section 476 of the Cr.P.C for the allegation of practising fraud upon the court by filing a false petition of compromise, the rule was made obsolete. This appeal has been brought challenging the rule contending inter-alia that the rule has be......ned judgement does not suffer from any infirmity. At this stage we need not enquire into the merit of the case. The appeal is dismissed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127......if, Sylhet, with regard to a kabala executed by Haji Jabedullah on 16th May, 1953. The said Haji Jabedullah filed a counter suit, being Title Suit No. 31 of 1964, for cancellation of that kabala. The trial Court decreed Title Suit No. 289 of 1963 and dismissed the Title Suit No.31 of 1964. On appeal......his Case is also Reported in: 41 DLR (AD) (1989) 127..Category: Criminal Law | Date: | Hits: 45
Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)
....ring firing of shots and found Nowab Ali groaning in bleeding condition. He said that-Nowab Ali narrated the incident to him. The dying declaration was brief. It reads as follows: “Hakim amake sora dia aghat kore abong raifel kariea naye. Ter sathe ter vagina roshid selo.” Abdur Rashid w......ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126...... the victim immediately after the occurrence appears to be trust worthy and convincing. Moreover, in the dying declaration appellant was mentioned as the assailant. Acquittal of the co-accused by the trial court on the plea of alibi will not destroy the dying declaration………….(8) Lawy...... Act, 1872 (1 of 1872) Section 32 There is no eye witness to the occurrence but the evidence adduced by the PW 1 who rushed to the victim immediately after the occurrence appears to be trust worthy and convincing. Moreover, in the dying declaration appellant was mentioned as the assailant. Acquitt..Category: Criminal Law | Date: | Hits: 61
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
.... Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 23 Registration having been made in 1975 it will be resumed that the vendor was physically present in Bangladesh at that time. It will also be presumed that the registration was done under section 60 of the Registration Act on compliance......aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......rements of law. It is a rebuttable presumption, no doubt, but Mr. Moksudur Rahman could not argue, how the evidence as it is, has rebutted the presumption. The defendants got ample opportunity at the trial stage and no such rebuttal evidence was adduced. Hence the prayer for remand does not merit co...... (1989) 124..Category: Property Law | Date: | Hits: 56
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
...., 1982 (59 of 1982), section 4(3) The Acting Chairman merely functions in the office when the office is vacant but he is not the holder of the office as Chairman. The holder of the office is the person who is directly elected and it cannot vest in the office of the person who is indirectly elected......pazila Parishad on the basis of no-confidence motion passed in a special meeting as per Rule 4 of the Upazila Parishad Chairman and Members (Resignation, Removal and Vacation of office) Rules, 1986 called hereinafter Upazila Parishad Rules. 2. Facts are as follows:- Chandina Upazila comprises o......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ...... Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Abdul Mannan Bhuiyan & Others……….Appellants (In Civil Appeal No. 1 of 1989.) And Bangladesh and others…..................... Petitioners (In C.P. No. 310 of 1988) Vs Monirul Huq and ot..Category: Election Law | Date: | Hits: 128
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
.... September 1, 1987. Remand The appellant bringing the suit challenging the deed of gift revealing lateron that the appellant purchased a portion of the land from the donee and the appellant disowning such document and such contention of purchase and denial thereof not being confronted during......vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113......ling lateron that the appellant purchased a portion of the land from the donee and the appellant disowning such document and such contention of purchase and denial thereof not being confronted during trial, the appeal is allowed in part and the case remanded to the trial court for re-hearing upon al...... 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..Category: Property Law | Date: | Hits: 33
S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)
....e was withdrawn on 8th May, 1985. The appellant was tried in absentia and convicted under section 420 of the Penal Code, read with section 5(2) of Act II of 1947 and sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Taka 35, 0007-only. 4. The appellant preferred an ap...... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112......pellant. M.R. Khan, Advocate-on-Record—For the Respondent Criminal Appeal No. 23 of 1987. Judgement: M.H. Rahman J. — The appellant along with co-accused Firozur Rahman was put to trial for commission of offence under section 420 of the Penal Code and read with section 5(2) of ......he Code of Criminal Procedure, 1898 (V of 1898), section 498 Where there is hardly any chance of abscondence in a case under section 420 of the Penal Code read with section 5(2) of Act II of 1947, and where the order of sentence under the provision is under challenge on appeal the accused appella..Category: Criminal Law | Date: | Hits: 53
Iqbal @ Salim Vs. State, 1989, 18 CLC (AD)
.... August 7, 1988. The Code of Criminal Procedure, 1898 (V of 1898), section 426 The order of payment of fine as a condition of getting bail is not sustainable in law or on the principle of reasonableness. The order is set-aside and the appeal is allowed. The appellant will continue on bail a......lant will continue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ......has exercised power, granting bail on some reasonable condition. He has submitted that the Court while granting bail to an accused-person who is likely to leave the country before conclusion of his trial or hearing of his appeal may direct that his passport, if any, may be surrendered to the Cou......Criminal Procedure, 1898 (V of 1898), section 426 The order of payment of fine as a condition of getting bail is not sustainable in law or on the principle of reasonableness. The order is set-aside and the appeal is allowed. The appellant will continue on bail and realisation of fine be stayed til..Category: Criminal Law | Date: | Hits: 53
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....r Chand in equal share. One Radhaballav Pal, proprietor of a business firm, purchased the suit land in auction in Money Suit No. 273 of 1937 of the Second Court of Munsif, Chandpur. Jadhulal Banikya, son of Jugal Chand, purchased the land as benamdar of the plaintiff by a registered kabala dated 12 ......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ......ng this portion they supported the claim of the Vested Property officials that the suit land is an enemy property for the recovery of which, the Vested Property Case has been rightly filed. 4. The trial Court decreed the suit upon a finding that the plaintiff acquired title and also got possessio............................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..Category: Property Law | Date: | Hits: 75
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....e appeals are allowed. The Evidence Act, 1872 (1 of 1872), sections 13, 43 and 65. The judgment Ext. 7(d) is not inter parties, and ordinarily a judgment cannot be used as evidence against a person who is a stranger thereto. But the judgment in a prior suit together with the plaint and other s......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......shi Bhusan were Indian Nationals from before 1965 Indo-Pak War and as such the suit land to the extent of their share, that is, 5/6, was enemy and vested property and on those findings modified the trial court's judgment and decreed the suit to the extent of 1/6 only. Plaintiffs felt aggrieved the...... Hazi Waziullah alias Waziullah Miah & others................Appellants (In both the appeals) Vs. The Additional Deputy Commissioner, Revenue, Noakhali & Assistant Custodian of Vested and Non-Resident Property & others…………….. Respondents (In both the appeals) Judgmen..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
....n and thus the appeal is allowed and the order of the High Court Division be set-aside and of the trial court and the Appellate court be restored…………….(10) Cases Referred to- Robert Watson & Co. v. Ram Chand Dutta and others, 18 ILR, Cal. 10, Abdul Gani Talukder v. Rushan and others, ...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ......sion of a separate and well defined share, against another co-sharer who threatens the former with dispossession the former is entitled to retain possession. This question was rightly answered by the trial Court and the appellate Court confirming right to retain possession till partition by mets and...... Vs. Mohammad Madhu Mia & others........Respondents Judgment: December 4, 1988. The Specific Relief Act, 1877 (I of 1877), section 56 A co-sharer in exclusive possession of a separate and well defined share, against another co-sharer who threatens the former with dispossession the fo..Category: Others | Date: | Hits: 106
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....thway had been recorded wrongly as cultivable land along with its contiguous lands and taking advantage of such recording the principal defendants are trying to change the nature of the pathway and also to interfere with the plaintiffs' right of way. The defendants contended that it is a ridge (......o in his well known treatise on the law relating to Easements in British India (page 203) pointed out the real distinction between the two rights. It says: "Customary easements, as they are called in S.I8 of the Indian Easements Act, should be distinguished from the customary rights refe......r the plaintiffs nor other inhabitants of the locality used the suit land as a pathway. The plaintiffs have filed the suit out of grudge and enmity and hence it is liable to be dismissed. 4. The trial court on consideration of the evidence and the report of the Advocate Commissioner came to t..........Respondents Judgment November 16, 1988. Result: The appeal is dismissed. The Easements Act, 1882 (V of 1882), sections 4 & 15 There can be no easement without dominant tenement and a servient tenement. Section 18 deals with customary easement and it says that easement may be a..Category: Property Law | Date: | Hits: 36
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....n power to decide certain matters but such enquiry will not come within the purview of judicial enquiry because the power to decide judicially is different from deciding administratively. By taking resort to extraordinary jurisdiction for a writ the High Court Division will be asked to enter into a ......irman and elected members of the Union Parishad shall be published in the Official Gazette by the Election Commission (section 25). Section 26 provides that no election under the Ordinance shall be called in question except by an election petition. The Election Commission shall by notification......n from one Election Tribunal to another Election Tribunal either of its own motion or on an application made in this behalf by any of the parties (section 28). Section 29 provides the procedure for trial of election petition and the decision of the Election Tribunal on an election petition shall b......ndents (In Civil Appeal No. 17 of 1989) Judgment February 19, 1989. Result: All the Appeals are allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), sections 24 and 29 The Union Parishads (Elections) Rules, 1983, Rule 70 (i) In a dispute the issue is to be..Category: Election Law | Date: | Hits: 165
Executive Engineer, Public Health, Barisal Division Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
....ted 16th May, 1977 discharged the plaintiff from service with effect from 21st June, 1975 (vide Annexure-B), and that he was still in service and was entitled to get arrear salary from 1.7.1975. He also prayed for mandatory injunction directing the defendants to allow him to join his service. His ......period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64......; and that during the period of his unauthorised absence the plaintiff actually engaged himself in a contract business, and that he did never care for his service. 3. The suit was dismissed by the trial Court. On appeal it was decreed. The appellate Court held that the plaintiff came to know of t......ess without the permission of the Government……………………(7) Cases Referred To- Saleh Ahmed vs. Bangladesh 36 DLR (AD) 1984 P. 26; North-West Frontier Province V. Suraj Narain Anand 751. A. 342; Pakistan vs. M/S.A.V. Isaacs 22 DLR (SC) 371. Lawyers Involved: Abdul Wadud..Category: Employment/Service Law | Date: | Hits: 103
....y of the impugned legislation and if the Court takes the view that the purpose of the legislation, though justified, falls short to the expectation of the public, necessary recommendation can be made so that the legislation can give shape to the aspirations of the people.
6. Mr. M. Nurullah learn...... down the functions of the Election Commission. The functions are preparation of Electoral Rolls for all elections to the office of President and to Parliament, delimitation of electoral areas, called constituencies, in respect of election to Parliament and conduct of such elections. Under Art...... cases or classes of cases as the State government may direct. Contention of the accused-respondent was that this provision gave arbitrary power to the government to choose any accused person for trial before the Special Court which follows a harsher procedure than the ordinary courts and as suc......ualification for a member of the Parliament is not discriminatory but is constitutionally valid.
Cases Referred to-
AIR 1971 SC 530 (564); Southern Rly Co. V. Greane, 216 U.S. 400; Smt. Indira Gandhi V. Raj Narayan, AIR 1975; State of West Bengal v. Anowar Ali Sarkar, AIR 1952, SC 75; Dhirendr..
Category: Election Law | Date: | Hits: 212
Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)
....ceeding at any time. As a matter of fact, the question of attornment does not arise at all because the defendant's case is that he was never a tenant under anybody including the plaintiff’s predecessors. He denied having paid any rent at all to the heirs of late Mr. Zakir Hussain. The plaintiffs h......re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27......heirs of late Mr. Zakir Hussain. The plaintiffs having acquired good title from the heirs of late Mr. Zakir Hossain have stepped into the shoes of the landlord and in view of the findings made by the trial court that the defendant was a tenant under the plaintiff the defendant cannot evade ejectment......s. He denied having paid any rent at all to the heirs of late Mr. Zakir Hussain. The plaintiffs having acquired good title from the heirs of late Mr. Zakir Hossain have stepped into the shoes of the landlord and in view of the findings made by the trial court that the defendant was a tenant under th..Category: Others | Date: | Hits: 96
Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)
....and he was still the Deputy Secretary of the said Board. The plaintiff prayed for an order of temporary injunction restraining the defendants from giving effect to the said order of reversion and also from taking over charge from him. 3. Defendants opposed the prayer for temporary injunction ......instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25......f of that nature the plaintiff must, first of all satisfy as to a prima facie nature of his case. In other words, it must appear to the court that he has a good, arguable case to be considered at the trial. In a case where the order impugned appears to be without jurisdiction on the face of it or in...... A relief of temporary injunction cannot be granted just for the mere asking of it. The principle of exercise of discretion must be performed upon correct judicial principles, which has been violated and the appeal is allowed……………………(9) Lawyers Involved: Akram Hossain Amin, A..Category: Employment/Service Law | Date: | Hits: 89
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