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Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....t guilty of the charges. The Ministry of Home Affairs, however, without considering the reply of the appellant forward case for opinion to the Public Service Commission which without examining the relevant papers gave consent to the proposed punishment. The Secretary Ministry of Home Affairs the...... of the charges. The Ministry of Home Affairs, however, without considering the reply of the appellant forward case for opinion to the Public Service Commission which without examining the relevant papers gave consent to the proposed punishment. The Secretary Ministry of Home Affairs thereafter ......e Appellant. B Hossain Deputy Attorney General, instruct by Sharifuddin Chaklader, Advocate-on-Record—P the Respondents. Civil Appeal No. 22 of 1995. (From the judgement and order dated 7 June 1994 passed by the Administrative Appellate Tribunal Dhaka in Appeal No. 75 ......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 ..Category: Administrative Law | Date: | Hits: 138
Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)
....gle Judge apart from considering the defendant’s witnesses found as follows: “Further, the evidence namely, PW 2, PW 5 and DW I the District Education Officer are vital and relevant but has not been considered. The evidence and other materials referred to by the trial Co......the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ...... Roy Choudhury J Abul Bakar Siddique (Md) …………………………..Petitioner Vs. Additional Deputy Commissioner, Kurigam and others………………………..Respondents ......the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ..Category: Property Law | Date: | Hits: 63
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
....ross-examination. However, it was their mere opinion upon certain reports”. MV Bengal Pride was a seaworthy vessel in running condition. PW 1 stated that the market value of the vessel at the relevant time was the value as shown in the insurance policy. The Admiralty Court held, “The...... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ......oy Choudhury J Sadharan Bima Corporation…………………………………. Appellant Vs. Bengal Liner Ltd. and another……………………………&......mage either. 6. The Admiralty Court framed five issues. The plaintiff examined its Managing Director as PW 1 and two other witnesses and the defendant examined one. Both sides exhibited some documents to which we shall refer in due course. 7. To compress the lengthy judgment of the ..Category: Business or Commercial Law | Date: | Hits: 151
ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)
....r the decree was obtained. 11. In support of his submission that the last Execution Case was barred by section 48 CPC Mr. Moksudur Rahman has relied upon some decisions all of which are not relevant. This Court has, however, already pronounced itself on this point in the case of Banglades......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 ......hellip;…………….. Respondent Judgment November 27, 1995. Cases Referred to- Bangladesh Jatiya Samabaya Bank Ltd. vs. Sangbad Daily Paper and others, BCR 1983 (AD) 418; Md. Abdur Rahim and others vs. Sree Sree Gredhari Jeo. 27 DLR (Dhaka......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 ..Category: Civil Law | Date: | Hits: 133
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ......able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ......mdash;For the Appellant. Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 28 of 1993. (From the judgment and order dated 26 January 1992 passed by the High Court Division, Dhaka in Civil Revision No. 885 ......ren of the family are borne. The plaintiff has many houses and shops in Bogra town and he has little need for the suit shop. The plaintiff surreptitiously purchased the Suit premises by fraudulent documents although he has two big shop rooms for doing his business. On receipt of the plaintiffs n..Category: Property Law | Date: | Hits: 52
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....was not gone into. This Division further held in the case of Shamsuddin Ahmed vs. Mohd. Hassan and others, 31 DLR (AD) 155, has no application in the facts of the case. Hence this case is not very relevant for our purpose. 17. I will now consider the case cited by Mr. TH Khan to show that......ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ......uf J Monoranjan Barua……………………………………….. Appellant Vs. Mirza Masud Hossain and others ……….Respondents Judgment May 16th, 1996 Lawyer......ve granted by us we are called upon to re-appraise the oral and documentary evidences on record. In this case, the plaintiff examined one witness and the defendant examined four witnesses and some documents were filed by both the parties. 8. PW 1 Masud Hossain, son of plaintiff No.1, dece..Category: Property Law | Date: | Hits: 56
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
....t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ......he date of submission of the nomination paper on 1-1-95. 2. As per election schedule, notified on 12-12-94 by the Election Commission, the appellant along with respondent Nos. 1-3 filed nomination papers on January 1, 1995 to respondent No. 4, the Returning Officer. 3. On the following day at ......ivil Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Mahmudul Haque (Md)……………………………………… Appellant Vs. Md. Hedayetullah and others…………………….. Respondents Judgment January 3, 1996. Result: The a......t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ..Category: Election Law | Date: | Hits: 129
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....uit ought to have been filed in the Family Court when there was no issue as to guardianship and custody of the child. The learned Single Judge considered some unwarranted and extraneous matters not relevant for disposal of the real issue involved in the suit. The learned Single Judge has failed ......f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ......p;……………………………………………...Plaintiff-Appellant Vs. Mrs. Rukshana Matin and others……………………………&h......f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....Arabic text] i.e. an ex gracia grant which is paid by way of sympathy and charity which cannot be claimed as of right. This is clearly laid down in Hamilton’s Translation of Hedaya of which the relevant portion has been reproduced earlier, in this judgment In all humility and with the utmost r......emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ......ases Referred to- Abdul Futfer Moulvie Vs. Pabunesa Khatun, (1881) ILR 6 (Cal) 631; Mst. Ghulam Fatima Vs. Sheikh Muhammad Bashir, PLD 1985 (WP) (Lahore) 596; Sardar Muhammad Vs. Most. Nasima Bill and ors, 19 DLR (WP) 50 = PLD 1966 (Lahore) 703; Sirajul Islam Vs. Halena Begum and Ors. 48 DLR (HCD......emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....ondents) that the pumps were found OK. The measurement book prepared in connection with the said bill (Ext. 30) also bore the signatures of all the said engineers. Mr. Bhuiyan finally referred to the relevant oral evidence and particularly the Report of the Enquiry Committee (Ext. 39) (1) to show th......mself, in his letter dated 20-7-87 (bearing same Ext No.25) which was also the date of submitting tender (second), offered to supply EMU submersible pumps made in West. Germany. Along with the tender papers he also submitted catalogue of EMU pump. In his letter dated 12-10-87 (Ext. 20) for extension......Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State……………………Appellant Vs. Md. Iqbal Hossain alias Iqbal Hossain and others…………………………Respondent (In Criminal Appeal Nos.15-17 & 18 of 1992) ......en transferred the case to the Court of Divisional Special Judge for trial. 10. Prosecution examined 14 witnesses (Investigating Officer deposed both as P.W.1 and 15) and proved a large number of documents Exts. 1-40/1. The respondents denied the allegations altogether. The defence taken by ..Category: Anti-Corruption Laws | Date: | Hits: 92
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
....rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ......rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Tafazal Ahmed Contractor.……………………………..Appellant Vs. Abdur Rahim and others……………………………. Respondents Judgment February, 1996. Result: ......1. We find that both the trial Court and the lower appellate Court concurrently found, with reference to the evidence of D.W.2, a neutral person of 73 years, and with reference to the recitals in the documents of purchase of the plaintiff, that the right of redemption was relinquished by Begumjan ha..Category: Property Law | Date: | Hits: 63
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
....the instant case and the cases relied upon, however, will be at once clear if we look at the agreements in any of those cases and that in the present case. For example, in the Supreme Court case, the relevant clause in the agreement reads: “That the tenant shall occupy the said flat paying ......, therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ......ecord — For the Appellant. Moksudur Rahman, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record— For the Respondent. Civil Appeal No. 80 of 1994. (From the judgment and order dated 22nd June, 1994 passed by the High Court Division, Dhaka in Civil Revision No. 7404 ......, therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ..Category: Tenancy Law | Date: | Hits: 82
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
.... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ......amily concern and appellant No. 1 was always kept in the dark about the affairs of the company. On 16-11-86 deceased Tofayel Ahmed obtained signatures of the appellants upon some blank forms, stamp papers and other papers and also received the appellants’ original share certificates on the ...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Moqbul Ahmed and another........................Appellants Vs. Ahmed Impex (Pvt.) Ltd. and ors&hel......d to finalise the accounts and make all payments. Appellant No. 1 granted a receipt in acknowledgement of the cheque. In August, 1988 appellant No. 1 came to learn that Tofayel Ahmed converted the documents and papers containing the signatures of the appellants into a valuable security and got t..Category: Business or Commercial Law | Date: | Hits: 118
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....llege on 7-5-1979 he was acting as the Principal of the said College but in terms of rule 3 of the Absorption Rules of 1981, he was appointed as a lecturer on ad hoc basis of the same college. The relevant rule 3 for the nationalised high schools, however, provided that a teacher of a nationalis......ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ......ve to Appeal No. 317 of 1991] A H M Amir Hossain………………………………… Petitioner Vs. Bangladesh and others……………………………........ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ..Category: Constitutional Law | Date: | Hits: 174
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....upon the present appellant through Bangladesh Foreign Office but he was not allowed to come to Dhaka and to defend his case properly and effectively by engaging his Advocate of choice and placing all relevant laws and papers which were necessary and essential for proper disposal of the case. Further......ppellant through Bangladesh Foreign Office but he was not allowed to come to Dhaka and to defend his case properly and effectively by engaging his Advocate of choice and placing all relevant laws and papers which were necessary and essential for proper disposal of the case. Further, the Ministry of ...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Raziul Hasan.………………………………………….Appellants Vs. Badiuzzaman Khan and others………………..Respondents Judgment February 1, 1996. Result: The appea......Ministry failed to produce the relevant laws, namely, the Mujibnagar Employees (Condition of Service) Rules, 1980, the Government Servants (Seniority of Freedom Fighters) Rules, 1979 and the relevant documents giving effect to these rules so far as it relates to the appellant. At the time of grantin..Category: Administrative Law | Date: | Hits: 167
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ......easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ......ellip;…………………………………………..Plaintiff-Appellant Vs. Ayesha Khatun and another ………………Respondents Judgment ......ded over possession of the suit land to defendant No.1 who is in possession of the same since then. Hence, the suit as filed is liable to be dismissed. 4. The trial judge held that the documents are void but as the plaintiff prayed only for declaration of the kabalas as void without..Category: Property Law | Date: | Hits: 72
Mostafa Kamal (Md) Vs. First Court of Settlement and others, 1996, 25 CLC (AD)
....s on record arrived at a finding that Nasima Khatun is not the daughter and heir of original lessee Mobina Khatun and that the said lessee had not been in possession of the house in question at the relevant time. The learned Judges of the High Court Division upon taking into consideration of suc......no illegality in the impugned judgment and order of the High Court Division. The petition is, therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 61 ......hellip;…………………………………………… Petitioner Vs. First Court of Settlement and others………………………. Respondents. ......no illegality in the impugned judgment and order of the High Court Division. The petition is, therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 61 ..Category: Property Law | Date: | Hits: 48
Muzaffar Hossain Vs. Md. Humayun Kabir and others , 1996, 25 CLC (AD)
....arishad illegally. The petitioner further alleged that if the used and unused ballot papers and counter foils of the ballot books along with the officially used voters’ lists and other relevant papers in respect of the election of the said two Centres are called for and examined ...... petitioner came to learn that respondent No.1 was declared to be elected as Chairman of the said Union Parishad illegally. The petitioner further alleged that if the used and unused ballot papers and counter foils of the ballot books along with the officially used voters’ lists and......Sarker J Muzaffar Hossain……………………………………… Petitioner Vs. Md. Humayun Kabir and others …………….Respondent Judgment August 13th, 1......d Judge rightly set aside the judgment and order of the Election Appellate Tribunal. The petition is, therefore dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 59 ..Category: Others | Date: | Hits: 98
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
....and sanction is required under section 197 Cr. P. C. to prosecute him. On perusal of the records it appeared to the learned Sessions Judge that there was scope for taking cognizance under the relevant section if the learned Magistrate was satisfied that the ingredients of sections 500/501 o......legations against the respondent have not been disproved in any departmental proceeding or otherwise. It has not’ been proved that the appellant took steps to publish these allegations in newspapers or periodicals. If he has communicated the allegations to other departments then the, matter......or the Appellant. Zakir Ahmed, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on- Record—For the Respondent. Criminal Appeal No. 4 of 1995. (From the Judgment and Order dated 18.4.95 passed by the High Court Division in Criminal Miscellaneous Case No. 1118 o......of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ..Category: Criminal Law | Date: | Hits: 60
A K Mohammad Idris Vs. Bangladesh Krishi Bank and Others, 1996, 25 CLC (AD)
....e Appellate Tribunal are set aside and those of the Administrative Tribunal are restored. The appeal is allowed with cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 48 ......ey-lending organisations. The scheme was introduced in the Sonali Bank in 1981 and in the Bangladesh Bank in 1983. Respondent No. 1, the Bangladesh Krishi Bank took long time in preparing necessary papers for the scheme. It was after the retirement of the appellant on 30 March 1987 the Banglades...... J ATM Afzal J Mustafa Kamal J Latifur Rahman J A K Mohammad Idris………........................ Appellant Vs. Bangladesh Krishi Bank and Others ……….Respondents Judgment January 9th, 1995 Law......e Appellate Tribunal are set aside and those of the Administrative Tribunal are restored. The appeal is allowed with cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 48 ..Category: Employment/Service Law | Date: | Hits: 150
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