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Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)
....atun, Advocate-on-Record- For the Appellant. A. K. M. Shahidul Huq, Advocate-on-Record- For the Respondents. Civil Appeal No. 123 of 2001 (From the judgment and order dated February 22, 1998 passed by the High Court Division in Writ Petition No. 202 of 1990) ......;ment as problem in the eyesight of the appellant was continuing there was recommendation on November 30, 1989 for grounding him and he brought the said fact on December, 30, 1989 to the notice of the Biman authority and on that very day without assigning any reason he was compulsorily...... while problem developed in his eyesight, and that inspite of treatment as problem in the eyesight of the appellant was continuing there was recommendation on November 30, 1989 for grounding him and he brought the said fact on December, 30, 1989 to the notice of the Biman aut..Category: Employment/Service Law | Date: | Hits: 79
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....No.1. Mohammad Ali Akanda, Deputy Attorney-General instructed by Mvi Md. Wahidullah, Advocate- on-Record — For Respondent No 2. Criminal Appeal No. 31 of 2001. (From the Judgment and Order dated May 29th, 2000 passed by the High Court Division in Criminal Miscellaneous Case No 3493 of 199......No 337 of 1973 and the order said to have been passed in the miscellaneous case before the Assistant Commissioner (Land), Mirzapur for correction of the record of rights in their favour and thereupon notice was served on the complainant, that the complainant enquired about the matter in the office......e of Criminal Procedure seeking quashing of the proceedings of Case No. 520(1) of 1995 under sections 467/479/109 of the Penal Code, pending in the Court of Magistrate, 1st Class, Tangail. 2. The aforesaid case No. 520(1) of 1995 of the Court of Magistrate, 1st Class, Tangail was registered upon ..Category: Criminal Law | Date: | Hits: 48
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
.... the Petitioner. Mohammad Ali Akanda, Deputy Attorney-General, instructed by B Hossain, Advocate-on- Record—For the Respondent. Criminal Appeal No. 10 of 2005. (From the Judgment and Order dated April 18, 2004 passed by the High Court Division in Death Reference No. 35 of 2002 heard along......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......f 2002 (heard with Criminal Appeal No. 2990 of 2002 filed by Wahed Khan alias Wahed and Abdus Salam Mollah, and the Jail Appeal Nos. 490 of 2002 and 493 of 2002 filed by Rabiul Mollah). 2. By the aforesaid judgment the High Court Division rejected the Death Reference and allowed the appeals in pa..Category: Criminal Law | Date: | Hits: 63
Shahanaz Begum Vs. Md. Kutubuddin and others, 2008, 37 CLC (AD)
.... Golam Arshed, Advocate, instructed by Abu Siddique, Advocate-on-Record—For the Respondents. Civil Petitions for Leave to Appeal No. 540 of 2007. (From the Judgment and Order dated March 18, 2007 passed by the High Court Division in Civil Revision No. 3544 of 2007). ......rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......cted by Md Aftab Hossain, Advocate-on-Record—For the Petitioner Golam Arshed, Advocate, instructed by Abu Siddique, Advocate-on-Record—For the Respondents. Civil Petitions for Leave to Appeal No. 540 of 2007. (From the Judgment and Order dated March 18, 2007 pass..Category: Property Law | Date: | Hits: 31
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
....ppeal is dismissed. The State Acquisition and Tenancy Act (XXVIII of 1951) Section 96 The Registration Act, 1908 (XVI of 1908) Sections 47 and 60 Right of pre-emption does not accrue on the date of execution of the deed of sale or any earlier date or the date of presentation of the deed fo......f the pre-emptee appellant in Civil Revision Case No.616 of 1984 on 16.5.85. A Review Petition was also dismissed on 28.7.85. 2. Leave was granted to the pre-emptor appellant to consider whether notice of the Rule issued in the Civil Revisional Case was served upon the father of the appellant w......egistration Act, 1908 (XVI of 1908) Sections 47 and 60 Right of pre-emption does not accrue on the date of execution of the deed of sale or any earlier date or the date of presentation of the deed for registration but the date on which the deed of sale is registered and the title effectively pass..Category: Procedural Law | Date: | Hits: 119
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....dvocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent No.1. Ex parte — Respondent Nos. 2-8. Civil Appeal No. 34 of 1988. (From the judgment and order dated 25.8.1988 passed by the High Court Division, Dhaka in Civil Revision No. 402 of 1988). Judg...... 19. Under section 32(3) read with section 72 of the Partnership Act, retiring partner continues to be liable for any subsequent act of any other partners which would bind the firm until the public notice as prescribed by section 72 is given. In the case of Thummala Rama Rao and others Vs. Chodaga......n No.402 of 1988. 2. The moot question in this appeal is whether the respondent being engaged in one on-going project of the Upazila Parishad as a contractor was disqualified to be a candidate for the post of the Chairman under section 6(2)(f) of the Local Government (Upazila Parishad and U..Category: Election Law | Date: | Hits: 134
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
.... Rahman, Advocate, instructed by Md. Ataul Hoque, Advocate-on-Record— For the Respondent No. 1. Not represented—Respondent No.2. Civil Appeal No. 42 of 1989. (From the judgment and order dated 10.1.1989 passed by the High Court Division, Jessore Bench, Jessore in Writ Petition No. 44 of......ecure its liability to the Sangstha. Section 35 provides that such sum due to the Sangstha shall be recoverable as arrears of land revenue but such sum shall not be recovered unless fifteen days' notice has first been given by the Sangstha to the debtor and that" upon his so paying every instalm......cted or to be nominated to the election of a Chairman of Union Parishad. Failure to pay any instalment makes the borrower defaulter in payment of the loan and the law says such person is disqualified for holding office of the Chairman………………..(15 & 17) Cases Referred to — 40 ..Category: Election Law | Date: | Hits: 124
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....s a raiyati holding recorded in C.S. Khatian No. 197 of Mouza Bhotal, P.S. Faridganj. It belonged originally to Abhoy Chandra Dutta. After his death, Raman Chandra Dutta, his son, by a deed of gift dated 23rd May, 1949 gave the raiyati holding in his jote to his 3 sons, namely, Dakhina Ranjan Dutt......ppellant. Each of whom as such got 1/3rd share in the said holding. Dakhina Ranjan Dutta sold his share by a kabala dated 25-9-1978 to the respondent for a consideration of Tk. 20,000/- without any notice to the appellant. When this kabala was presented for registration on 30-9-81 the appellant ......he State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 The Code of Civil Procedure, 1908 (V of 1908) Order VI, rule 17 Order 6, rule 17 of the Code of Civil Procedure provides for allowing amendment "for determining the real question in controversy between the parties." In th..Category: Procedural Law | Date: | Hits: 84
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
....ismissed. The Code of Civil Procedure, 1908 (V of 1908), section 34 (1), (2) Upon reference to the judgement of the trial court it is found that the plaintiff’s prayer for interest from the date of the suit was allowed. There is nothing to show that the decree holder withdrew the money dep......t and the total decretal amount, according to it, came to Tk. 1,07,095.00. On 13.11.86, an application was filed seeking direction to deposit the said amount through chalan for full satisfaction with notice to the plaintiff. The prayer was allowed and the money having been deposited, plaintiff-res......lt: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), section 34 (1), (2) Upon reference to the judgement of the trial court it is found that the plaintiff’s prayer for interest from the date of the suit was allowed. There is nothing to show that the decree holder ..Category: Civil Law | Date: | Hits: 113
Moslemuddin Talukder Vs. State, 1990, 19 CLC (AD)
.... For the Appellant. B. Hossain, Deputy Attorney-General, instructed by Md. Wahidullah, Advocate-on-Record— For the Respondent. Criminal Appeal No 6 of 1988. (From the judgment and order dated 13.7.1987 passed by the High Court Division, Rangpur Session in Criminal Appeal No. 126 of 1...... this conviction cannot be sustained. In the result, the appeal is allowed. The order of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ....... Judgment Badrul Haider Chowdhury J.- Appellant had been convicted under section 5(2) of Act II of 1947 read with section 409 of the Penal Code and sentenced to suffer rigorous imprisonment for 3 (three) months and to pay fine of Tk. 3,000/- in default to suffer R.I. for one month. Alleg..Category: Anti-Corruption Laws | Date: | Hits: 125
Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)
....e with him) instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Respondent No. 1. Respondents No. 2-6 — Not Represented. Civil Appeal No. 57 of 1989. (From the judgment and order dated 21.3.1989 passed by the High Court Division, Barisal Bench, in Writ Petition No. 16 of 1988). ......e do not think that it was right and proper for the High Court Division to have directed the Election Commission to dispose of the application of the respondent again. It is apparent from the facts noticed above that the respondent missed the bus due to inertia and it is well known that delay no......peal is allowed. The Local Government (Union Parishads) Ordinance, 1983 The Union Parishad Election Rules, 1983, Rule 70 It does not appear that the respondent was very much keen or vigilant for participating in the election otherwise he would have made efforts as other persons from other U..Category: Election Law | Date: | Hits: 112
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....he Respondent Nos. 1(a) to 1(g) and 2. Mohammad Ali, Advocate instructed by Abu Backkar, Advocate-on-Record—For Respondent No.3. Civil Appeal No. 36 of 1989. (From the judgment and order dated 10th November, 1988 passed by the High Court Division, Dhaka in Civil Revision No. 324 of 19...... 26, 1989. Result: The appeal is allowed. The Emergency Requisition of Property Act (XIII of 1948) Sections 3, 4, 5, 5A, 5(1a)(3), 7 & 14(A) There was neither any evidence that public notice was not served nor the decree in T.S. 36/68 could be construed to mean as such requiring fres......wer appellate Court. 2. The matter arises out of an acquisition proceeding of 1959-60 requisitioning and then acquiring large areas of land in mouza Khilgaon, presently within P.S. Motijjheel, for the Railway Board. Plaintiff-respondents' 6.4650 acres of land had also been acquired and incl..Category: Property Law | Date: | Hits: 38
Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)
.... Md. Abut Quasem, Advocate-on-Record— For Respondent No. 1. B. Hossain, Advocate-on-Record— For Respondent No. 2 (State). Criminal Appeal No. 19 of 1987. (From the judgment and order dated 4 September, 1986 passed by the High Court Division, Dhaka in Criminal Revision No. 180 of......are informed at the Bar that there has been no amendment till date of the aforesaid rule. This rule has been in force since the days of the Dhaka High Court. It is strange that the rule escaped the notice of all concerned on two occasions, at the time of issuing the rule and then at the final he......the judgment and order dated 4 September, 1986 passed by the High Court Division, Dhaka in Criminal Revision No. 180 of 1986.) Judgment ATM Afzal J.- In this appeal by leave the short point for consideration is whether a Single Judge of the High Court Division is competent to hear a revisi..Category: Criminal Law | Date: | Hits: 40
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....pellant. A. W. Bhuiyan, Additional Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on- Record— For the Respondents. Civil Appeal No. 47 of 1989. (From the judgment and ordered dated 13.2.1989 passed by the High Court Division, in Writ Petition No. 316 of 1986). Judgment ......had never been declared or treated as abandoned property nor taken possession of by the Govt. in any manner under the President's Order No. 16 of 1972. The appellant was surprised to see the public notice dated 28.4.86 published in The Bangladesh Gazelle Extra-ordinary on 28.4.86 under the provisi......e Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985] Sections 5 (1)(a), and 7 The view of the High Court Division that when a statute devised an alternative forum for giving complete relief to the appellant she could not invoke the writ jurisdiction without..Category: Property Law | Date: | Hits: 54
Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)
....rd— For the Appellant. Md. Aftab Hossain, Advocate-on-Record—For Respondent No. 1. Not represented. — Respondent Nos. 2-26. Civil Appeal No. 25 of 1987. (From the Judgment and Order dated 11th December, 1986 passed by the High Court Division, Dhaka in Civil Order No. 988 of 1986)......t that the report of the Advocate Commissioner was already before the Court on 30.11.86 which was kept with the record before the impugned order was passed. Evidently this fact was not brought to the notice of the learned Judge and a final order having been passed ex parte on the application of resp......endant Respondent Judgment April 16, 1989. The Code of Civil Procedure, 1908 (v of 1908), Order XXXIX, rule 7 Local Inspection The matter of possession can be determined on evidence before the court but not on local inspection. "Local inspection' connotes only visual perception and n..Category: Procedural Law | Date: | Hits: 94
Nurul Islam (Md) Vs. Election Commission & others, 1989, 18 CLC (AD)
....he Appellant. Sharifuddin Chaklader, Advocate-on-Record—For the Respondent No. 10. Not represented. —Respondent Nos. 1—9. Civil Appeal No 25 of 1987. (From the judgment and order dated 11th December, 1986 passed by the High Court Division, Dhaka in Civil Order No. 988 of 1986)......pecial leave is directed against the judgment and order dated 16th August, 1988 of the High Court Division passed in Writ Petition No. 1120 of 1988. Respondent No. 10, Md. Helaluddin challenged the notice dated 9th April, 1988 (Annexure—C to the writ petition) directing a re-poll at Rajanagar ......ent April 23, 1989. Result: Tthe appeal is allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983) The Union Parishads (Election) Rules, 1983, Rule 29 Direction for holding re-election passed by the election commissioner on the basis of the report of the return..Category: Election Law | Date: | Hits: 114
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
.... and another..............................Respondents Judgment. June 5, 1989. Result: The appeal is dismissed. The Limitation Act, 1908 (IX of 1908), section 13 and Article 113 No date having been fixed for performance of the contract, the second part of column 3 of Article 113 w......n 13 and Article 113 No date having been fixed for performance of the contract, the second part of column 3 of Article 113 will apply to the case i.e. time will begin to run when the plaintiff has notice that performance is refused. The suit having been filed long after 3 years of refusal of the .........................Respondents Judgment. June 5, 1989. Result: The appeal is dismissed. The Limitation Act, 1908 (IX of 1908), section 13 and Article 113 No date having been fixed for performance of the contract, the second part of column 3 of Article 113 will apply to the case i..Category: Procedural Law | Date: | Hits: 132
The Dhaka Dyeing and Manufacturing Co. Ltd. Vs. Agrani Bank, 1990, 19 CLC (AD)
....Senior Advocate (Mozammal Hoq Bhuiyan, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record.—For the Respondent. Civil Appeal No. 60 of 1986. (From the judgment and order dated 8th May, 1986 passed by the High Court Division, Dhaka in Appeal from Original Order No. 18 of......d and disposed of by 30th November, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ......55 (FM) of 1985). Judgment: Badrul Haider Chowdhury J.-Leave was granted to consider the question whether the High Court Division was correct in holding that a pass book issued by the C.C.I.E. for opening the letter of credit is a security and whether the Banker has got lien over such securit..Category: Banking Law | Date: | Hits: 99
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
.... allowed under section 4 of the Partition Act it involves a kind of forced sale for the stranger-purchaser. And hence the Court would in equity determine the valuation of the transferred share on the date of the filing of the application for permission to purchase the share of the stranger-purchaser......permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......ection 4 The suit property never lost its character of an undivided homestead because there had admittedly been no partition by metes and bounds by any previous arrangement. There is no time limit for filing an application under section 4 of the Partition Act. The defendant's claim of continuous ..Category: Property Law | Date: | Hits: 45
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....ructed by M. Nowab Ali, Advocate-on-Record—For the Petitioner. Not represented.—Respondents. Criminal Petition for Special Leave to Appeal No. 130 of 1985. (From the judgment and order dated 7.8.85 passed by the High Court Division, Sylhet Bench in Criminal Appeal No. 7(c) of 1982.) ......ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ....... Result: The petition is dismissed. Circumstantial evidence If the witnesses examined to prove the circumstances are found to be unreliable or their evidence is found to be unacceptable for any other reason the circumstances cannot be said to have been proved. The High Court Division g..Category: Criminal Law | Date: | Hits: 43
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