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Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)
....im, instructed by Md. Aftab Hossain, Advocate-on-Record.—For the Appellant. Abu Backkar, Advocate-on-Record.—For the Respondent. Civil Appeal No. 13 of 1986. (From the judgment and order dated 3rd April, 1985 passed by the High Court Division, Dhaka, in Civil Miscellaneous Appeal No. 19......Subordinate Judge, Mymensingh be restored to its file and number. The appellant is, however, to pay a sum of Taka 2,500/- towards the respondent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is ......91 of 1984). Judgment: M.H. Rahman J.-Appellant was the defendant in Title Suit No. 9 of 1981 of the Second Court of Subordinate Judge, Mymensingh. That suit was instituted by the respondent for specific performance of contract for sale of the suit property. By filing a written statement ..Category: Property Law | Date: | Hits: 38
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....-For the Appellant. B. Hossain, Deputy Attorney-General, instructed by M. Nowab Ali, Advocate-on-Record- For the Respondent (State). Criminal Appeal No. 16 f 1988. (From Judgment and order dated 14th March, 1988 passed by the High Court Division, Rangpur Bench, in Criminal Revision No. 24......l on the point. 11. Thus regard being had to the legal position and the facts of the case we hold that the appellant could not be convicted for theft but upon the facts proved of which he had full notice, he could not escape a conviction for dishonest misappropriation under section 403 Penal ......t and order dated 14th March, 1988 passed by the High Court Division, Rangpur Bench, in Criminal Revision No. 243 of 1982). Judgment: A. T. M. Afzal J.-The accused-appellant has been convicted for an offence of theft, having denied for a while receipt of some overpayment from a Bank in enca..Category: Criminal Law | Date: | Hits: 44
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....ate-on-Record-For the Appellant. Kazi Ebadul Hoque, Advocate-on-Record-For Respondent No. 1. Ex-parte.-Respondent Nos. 2 & 3. Civil Appeal No. 62 of 1986. (From the Judgment and Order dated 19 August 1985 passed by the High Court Division, Rangpur Bench in Civil Revision Case No. 325......e argument made on behalf of the appellant. 8. In our opinion, it is not necessary to attribute trespass to the appellant to deny him the relief of temporary injunction. It is sufficient lo lake notice of his own case in that he has himself stated in his plaint that after taking permanent settl...... Temporary injunction In a case of cancellation of settlement it cannot be said that the lessee is a trespasser merely because his settlement has been cancelled. The question will always remain for consideration whether the settlement has been validly cancelled. On appellants own showing he ha..Category: Property Law | Date: | Hits: 29
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....or Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record.—For the Appellants Exparte.—For the Respondent Nos. 1 to 8 Civil Appeal No. 21 of 1988. (From the Judgment and order dated 2.2.1988 passed by the High Court Division, Chittagong in Civil Revision No. 318 of 1986). ......of the learned Subordinate Judge, dated 8 July 1986 is set aside and the appeal, Other Appeal No. 499/84, is remanded to his court for disposal on merit in accordance with law and upon service of notice on the parties including respondents 6-8 (defendants 7-9) who are said to have attained maj...... 6, 1989. Result: Tthe appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order XXXII, rule 3 Though in the suit no court guardian was appointed on behalf of the minor proforma defendants against whom no relief was claimed, at the appellate stage court guardian on their ..Category: Property Law | Date: | Hits: 85
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
.... Others...............................Respondents Judgment April 2, 1989. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 102 The election of a candidate could not be challenged under Article 102 of the Constitution but when the candidate after bein...... claim a right of quo warranto he must satisfy the court, inter alia, that the public office is held by an usurper without legal authority. In the book of Basu referred to by Dr. Hossain, it has been noticed at page 552 that the application is premature until the respondent had assumed the office ......was filed on the ground that the appellant was a defaulter, the proper place to raise the question was the election tribunal. If the respondent chose not to go to the tribunal he ought to have waited for the appellant to hold the office to see whether the disqualification alleged continued to render..Category: Election Law | Date: | Hits: 130
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....ppellants. B. Hossain, Advocate-on-Record. —For the Respondent. Criminal Appeal No. 23 of 1986. Judgment MH Rahman J.-This is an appeal by special leave against the judgment and order dated 9th January, 1985 of the High Court Division, Rangpur Bench confirming the conviction of the a......s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......as any common intention of the appellants to murder the deceased. There is no evidence of either prior preparation or subsequent development of common intention amongst the participants immediately before the occurrence. Appellants Mir Ali burled the ballam blow on the chest of the victim causing hi..Category: Criminal Law | Date: | Hits: 105
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
.... 1976 of the Second Court of Munsif, Noakhali, which was filed by the respondents under section 96 of the State Acquisition and Tenancy Act. They claimed pre-emption of a land transferred by a kabala dated 18 November 1975, by their co-sharer, Opposite Party No. 4 in the said case to these appella...... They claimed pre-emption of a land transferred by a kabala dated 18 November 1975, by their co-sharer, Opposite Party No. 4 in the said case to these appellants, strangers, without giving them any notice. The trial Court by an order dated 22 February 1980 allowed the pre-emption case; but on appe...... Act, 1950 (XXVIII of 1951), section 96 A co-sharer in one of the plots of the khatian is certainly a co-sharer in the holding. Failure of the pre-emptors to implead such a co-sharer in a petition for pre-emption is a serious defect of party. It is violation of mandatory provision of section 96 o..Category: Property Law | Date: | Hits: 36
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
.... Attorney-General and A. Wadud Bhuiyan, Assistant Attorney-General, instructed by M.R. Khan, Advocate-on-Record - For the Respondent. Civil Appeal No. 109 of 1977 (From the Judgment and Order dated 16-6-77 passed by the High Court in F.M.A. No.219 of 1977 with C.R. No. 639 (FM) of 1977). ......nt of opposition. The Court is to insist upon the proof of the allegation in the petition for attachment before judgment by affidavit or other mode of proof and the opposite party must be served with notice and given an opportunity to show cause. The Court is to be satisfied that the defendant is ab......th C.R. No. 639 (FM) of 1977). Judgment Kemaluddin Hossain J.- This appeal arises out of an interlocutory order under Order 38, rule 5 of the Code of Civil Procedure. Facts briefly stated for the disposal of the appeal are that Bangladesh, the Respondent has instituted a suit for recover..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
....n a miscellaneous case arising out of an application under section 96 of the State Acquisition and Tenancy Act, 1951, seeking pre-emption of certain land sold by Khan Brothers, by a registered kabala dated 3rd December, 1966 to Muhammad Khalilur Rahman, respondent No.4 for a consideration of Taka 6,......s to S.A. khatian No.34 of mouza Debnagar, P.S. Daulatpur and respondent No.2 is another co-sharer in the same holding. Respondents 1, 3, 4 and 5 are strangers to the holding Respondent No.2 with notice to the appellant transferred the land which is the subject matter of the miscellaneous case......of the State Acquisition and Tenancy Act, 1951, seeking pre-emption of certain land sold by Khan Brothers, by a registered kabala dated 3rd December, 1966 to Muhammad Khalilur Rahman, respondent No.4 for a consideration of Taka 6,000.00. This application at the instance of the appellant was subseq..Category: Property Law | Date: | Hits: 33
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
.... Rouf, Advocate, instructed by Md. Giasuddin Bhuiyan, Advocate-on-Record - For the Appellant. Not Represented – the Respondents. Civil Appeal No. 18 of 1978 (From the Judgment and Order dated 22-04-1977 passed by the High Court in Civil Revision Case No.1445 of 1975) Judgment K...... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ...... is in question. As to the standing of the pre-emptor and the competency of his application on merit is not in question. The only question is the one that has been set out above. 2. The facts for consideration of this appeal are that the Kabala under pre-emption was executed on 26-7-72, it w..Category: Property Law | Date: | Hits: 34
P.W.V. Rowe Vs. Chairman Labour Court, Chittagong, 1977, 6 CLC (AD)
....y to report to the Medical Officer of the Company on 2.2.76. Respondent No.2, however, did not produce herself before the Medical Officer as directed by the Company and then the Company by a letter dated 9.2.76 informed her that, on account of her failure to report to duty within 10 days from the ......oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ...... Senior Advocate, with A.Y. Salehuzzaman, Advocate, instruct by M. R. Khan, Advocate-on-Record - For the petitioner. Aminul Huq, Advocate-on-Record - For the Respondent No. 2. Civil Petition for Special Leave to Appeal No. 143 of 1976 (From Petition No. 460 of 1976) Judgment Debes..Category: Labour and Industrial Law | Date: | Hits: 77
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
....and for sole respondent (In Civil Appeal No. 82 of 1977). Respondent - Not Represented (In Civil Appeal No.81 of 1977). Civil Appeal Nos. 81 and 82 of 1977 (From the Judgment and decree dated 7-3-1974 passed by the High Court Division in S.A. Nos. 1005 & 1006 of 1961) Judgment ...... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ......-on-Record - For the Appellants (In both the appeals). T. Ali, Senior Advocate, instructed by M.A. Khaled, Advocate-on-Record - For Respondents Nos. 1 & 2 (In Civil Appeal No. 81 of 1977) and for sole respondent (In Civil Appeal No. 82 of 1977). Respondent - Not Represented (In Civil A..Category: Property Law | Date: | Hits: 32
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....Aminul Huq, Advocate-on Record - For Respondents No.1 & 2. Not Represented - Respondent Nos. 3-19. Civil Appeal No. 24 of 1977 (From the judgement and order of the High Court Division dated 5-4-1976 in F.M.A. 96 of 1974) Judgment Ruhul Islam J.- This appeal by special leave a......(2) and (5) are quoted below:- “96(1). If a portion or share of a holding of a raiyat is transferred, one or more co-sharer tenants of the holding may within four months of the service of the notice given under section 89 or, if no notice has been served under section 89, within four months ......ent Ruhul Islam J.- This appeal by special leave arise out of the Judgment dated 5th April, 1976 of the High Court Davison in First Miscellaneous Appeal No.96 of 1974. Facts in short relevant for disposal of the appeal are like this. Respondent nos. 1 and 2 filed an application under section..Category: Property Law | Date: | Hits: 32
Md. Golam Rabbani and another Vs. Hon’ble Judges of the High Court Division & anr, 1978, 7 CLC (AD)
.... Since Government has been made a party on its prayer for adding it in the proceeding its name as Respondent shall continue on record. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 87. ......en made shall be the petitioner and the case number and the names of the parties in which the judgment was made shall only be mentioned in the petition. It will be for the Court to decide to whom the notice will be served. In this view the name of the Respondent No.1 is struck off. Since Governm...... Kemaluddin Hossain CJ.- It appears that two respondents have been impleaded as parties in this matter. In cases where an Advocate feels aggrieved on certain remarks made in the judgment and prays for their expunction, the procedure ought to be that the Advocate against whom remarks have been mad..Category: Others | Date: | Hits: 84
....tion, but the provisions of Article 47(2) says otherwise. It enacts that in case of inconsistency the provision of the protected laws under Article 47(2) shall prevail and it is a constitutional mandate.
9. If we study the wording of Presidential Order 67 of 1972 along with Rules framed ther......non-compliance with Rule 7(1)(2) and (3) framed under Presidential Order No.67 of 1972 and the second ground is that in terms of sub-article (2) of Article 135 of the Constitution a second show cause notice was mandatory before passing the impugned order of dismissal.
4. So far as the first grou......oried building at Dhanmandi Residential Area worth about 5 lacs though his monthly salary did not exceed Tk. 500-/. He was directed to show cause why the Board would not recommend to the Government for taking action under Article 6 of the Presidential Order No.67 of 1972. On 1-10-74 the petitioner..
Category: Employment/Service Law | Date: | Hits: 72
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....rney-General, with B.B. Roy Chowdhury, Assistant Attorney- General, instructed by A. Rab-1, Advocate-on-Record - For the Respondents. Criminal Appeal No.6 of 1977 (From the Judgment and Order dated 7-4-76 passed by the High Court Division in Writ petition No.709 of 1974). Judgment Ke...... 1974 when the composition of the Government was different. The then Government has been overthrown and a new Government installed. There has been some changes in the Constitution as well. Judicial notice of these facts can be taken. The detenu, we find, is in continuous detention from 22-4-74 t......hallenged his detention by a writ petition under Article 102 of the Constitution. The Deputy Commissioner of Pabna by his order dated 22-4-74, under section 3 of the Special Powers Act detained him for a period of thirty days and thereafter the Government on 24-5-74, passed under clause (a) of sec..Category: Constitutional Law | Date: | Hits: 408
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....ant Attorney-General instructed by A.W. Mailik, Advocate-on- Record - For the Appellant. Ex-parte - For the Respondent. Civil Appeal No. 139 of 1977. On appeal from the judgment and order dated July 26, 1970 passed by the High Court in Civil Rule No.729(f) of 1970. Judgment Rahul......ld be governed by Rule 16 of the East Bengal Emergency Requisition of Property Rules, 1948 which lays down that such an appeal is required to be filed within six weeks from the date of receipt of the notice of intimation from the Arbitrator about the making of the award. Since it was conceded that t......slam J.- This appeal by special leave is from the judgment dated July 20, 1970 passed by a Division Bench of the High Court of East Pakistan is Civil Rule No.729 (f) of 1970 rejecting the application for condonation of delay in filing the appeal from the award dated September 10, 1969 given by the A..Category: Procedural Law | Date: | Hits: 101
Enamul Huq and another Vs. State, 2006, 35 CLC (AD)
.... Not represented- Respondent Criminal Petition for Leave to Appeal No. 200 of 2003. (From the judgment and order dated 19.03.2003 8s 23.03.2003 passed by the High Court Division in Criminal Appeal No. 2344 of 199...... 16. In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ...... Md. Zahangir, Advocate-on Record- For the Petitioners Not represented- Respondent Criminal Petition for Leave to Appeal No. 200 of 2003. (From the judgment and order dated 19.03.2003 8s 23.03..Category: Criminal Law | Date: | Hits: 43
Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)
....; Not represented- the Respondent Civil Petition for Leave to Appeal No. 1568 of 2002. (From the judgment and order dated 17.06.2002 passed by the High Court Division in Civil Revision No. 2542 of 2000.) Judg...... by purchase and the opposite party No.2 transferred the case land in favour of opposite party No.1 by a registered kabala dated 04.03.1976 for a consideration of Tk. 2,000/- without serving of any notice upon the pre-emptor. The pre-emptee is a stranger purchaser. 4. The pre-emptee conte...... Ali, Advocate-on-Record- For the petitioner Not represented- the Respondent Civil Petition for Leave to Appeal No. 1568 of 2002. (From the judgment and order dated 17.06.2002 passed ..Category: Property Law | Date: | Hits: 35
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
.... by Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent No. 2. Civil Petition for Leave to Appeal No. 1597 of 2003 (From the judgement and order dated 29-8-2003 passed by the High Court Division in First Appeal No. 9 of 1993). ...... 4. The trial court dismissed the plaintiff’s suit. Being aggrieved the plaintiff preferred the appeal before the High Court Division. The High Court Division allowed the appeal in part as noticed earlier. 5. We have heard Mr. Shahid Ahmed, the learned Counsel for the petitioner ...... The Contract Act, 1872 (IX of 1872), Section 73 As the plaintiff’s service was not regulated by any legal instrument or by any statutory provision no declaration or enforcement of contract as to the terms and conditions of service should be given and no such relief ..Category: Employment/Service Law | Date: | Hits: 82
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