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Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)
....hatun, made a Waqf-e-Lillah, respect of three kanis, ten gondas and two karants of land by a registered Waqfnama on 30 Ashar 1324 BS for the maintenance of a mosque which he established in the waqf property. The waqf deed, inter alia, provided that during his lifetime he would remain Mutwalli an......; Moulana Abdul Mannan……..Appellant Vs. Halima Khatun and ors ………Respondents Judgment November 15, 200...... District Judge held that since the lone surviving daughter of the waqif endorsed the claim of the appellant Moulana Abdul Mannan, the Imam of the Masjid, the Administrator committed no material illegality in appointing the appellant as Mutwalli, particularly because he was appointed Imam of the..Category: Trust/Waqf Law | Date: | Hits: 209
Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)
.... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ......oudhury CJ Md. Ruhul Amin J K M Hasan J Abu Sayeed Ahammed J Abu Siddique and anr………..…Petitioner &...... also section 94 and 160 Cr. P. C. issuing notice by the bureau of Anti-Corruption asking the delinquent to appear before the specified officer of the bureau in connection with an enquiry is not illegal………………….(10) ..Category: Criminal Law | Date: | Hits: 58
Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)
....on 172 The case diary is being maintained by the Investigating Officer and legally this cannot be looked into by any one except of course, by the Public Prosecutor. In a proper case for its satisfaction a Court may themselves peruse the dairy but it cannot be made a pu......bsp; Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J KM Hassan J Bangladesh and others.…………..Petitioners Vs. &nbs...... The Code of Criminal Procedure, 1898 (V of 1898), Section 172 The case diary is being maintained by the Investigating Officer and legally this cannot be looked into by any one except of course, by the Public Prosecutor. In ..Category: Criminal Law | Date: | Hits: 65
Giasuddin and another Vs. State, 2002, 31 CLC (AD)
....sed or he has any political or other clash with the condemned prisoners. We find no reason to doubt or disbelieve the evidence of this witness. The trial Court as well as the High Court Division on proper appreciation of the evidence believed this witness and we find nothing to find otherwise. ......bsp; Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J KM Hasan J Giasuddin and another…… Petitioners Vs. State&......mittedly the offence alleged is a cognizable offence and in such a case any one may lodge the first information report. By himself lodging the first information report PW 9 has not committed any illegality and wrong. These condemned prisoners have absolutely no enmity with PW 9 and there is no r..Category: Criminal Law | Date: | Hits: 47
Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
....wife Ful Banu, two sisters Rahima Bibi and Kulsuma Bibi and one full brother Younus who died leaving wife Gulesta Banu, two sons and three daughters The pre-emptors and one Nanu Miah purchased the property from the full sisters of Ilias Miah on 25 March 1974, that Nanu Miah transferred his share......nt: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Hiran Chandra Dey and anothers ………………………&hell...... defendants. The other title suit, being No. 344 of 1980, is for declaration of title and for a decree of permanent injunction as well as for declaring the decree in SCC Suit Nos. 2 and 3 of 1976 illegal and void. 7. Pre-emptors claim of pre-emption solely depends on the esta..Category: Property Law | Date: | Hits: 55
Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)
.... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ...... Mahmudul Amin Chowdhury J Kazi Ebadul Hoque J Kazi Shahjahan (Md) and another…….Petitioners Vs. Md. Khalilur R......e us that the averments made in the plaint disclosed that the miscellaneous case is barred by law but we are not convinced. The High Court Division it appears thoroughly considered the factual and legal aspect of the matter and finding that the petitioners failed to make out any case discharged ..Category: Property Law | Date: | Hits: 49
Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)
.... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ......; Abu Sayeed Ahammed J Government of Bangladesh and others. .........................Appellant Vs. Md. Sh......ts against the judgment and order dated 10th June, 1997 of the Administrative Tribunal (AT), Bogra in Case No. 34 of 1996. 2. Respondent filed the aforesaid AT Case challenging legality of the order of his dismissal dated 30th December, 1995 passed by Superintendent of Police..Category: Administrative Law | Date: | Hits: 116
....a-7/HBRI-2/94 (Khand) dated 23-11-96 issued under the signature of the respondent No. 2 and demolition of the houses and structures of the Darus Salam Housing Co-operative Society Ltd. on its Block-A property by the respondent Nos. 3 and 5 shall not be declared to have been issued and done without l......AD) (2002) 111.
......es of the Darus Salam Housing Co-operative Society Ltd. on its Block-A property by the respondent Nos. 3 and 5 shall not be declared to have been issued and done without lawful authority and is of no legal effect; and why they shall not be directed to re-erect restore/reconstruct the demolished hous..
Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....l) making the Rule absolute upon setting aside the judgment and decree dated 18th May, 1986 of the Court of District Judge, Jhalakathi in Title Appeal No. 83 of 1985 so far the same relates to the property in item Nos. 1 and 2 of the ‘Ka’ schedule attached to the plaint. The learned ...... Ruhul Amin J KM Hasan J Jitendra Nath Mistry...................Appellant Vs. Abdul Malek Howlader and ors........... Respondents Judgment &nbs......erest in the property left by Narayan, could have transferred the same. 6. The sum total of the averments of the plaintiff in the plaint was that there was total absence of legal necessity upon showing which transfers had been made and that of the transactions two i.e. t..Category: Property Law | Date: | Hits: 47
Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)
....5 (LIV of 1985), Section 5(1) (b) Since no notice as contemplated under section 5(1)(b) of the Ordinance was issued to the respondent or any other person inclusion of disputed property in the ‘Kha’ list of the abandoned buildings is without lawful authorit......a Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Md. Fazlul Karim J Government of Bangladesh and others ............................Petitioners Vs. ......list of abandoned building published in the Bangladesh Gazette dated 23rd September, 1986 at page 9764(1) and Serial No. 239 declared to have been passed and made without lawful authority and of no legal effect and further directed the respondent-petitioner to exclude the said house from the list..Category: Property Law | Date: | Hits: 46
Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)
....ld not be stayed till the disposal of Case No. 205 of 2000 pending in the Court of Administrative Tribunal, Dhaka or such other or further order or orders passed as to this court may seem fit and proper. Let the operation of the said impugned order dated 30-7-2000 be sta...... an order of stay of transfer, the High Court Division also cannot exercise such power……(10) Case Referred to- Government of Bangladesh and others vs. Mohammad Faruque 51 DLR (AD) 112. Lawyers Involved- &nb......no complaint in the rules against violation of any fundamental right of any of these writ petitioners. The order passed by the High Court Division in both the writ petitions are on the very face illegal and we cannot think how a Division Bench could pass such an order. Such matters have been set..Category: Employment/Service Law | Date: | Hits: 57
Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
....the tenancy commenced on 15th August, 1971 it has to be determined on service of notice for one month and such notice dated 18-1-74 determining tenancy with the expiry of 28th February, 1974 is not a proper and valid notice determining tenancy. 7. Agreement between the parties provides, int...... Civil Appeal No. 98 of 1998. Judgment Md. Fazlul Karim J.- This appeal by leave is at the instance of plaintiff-appellant who filed the suit for ejectment, arrear of rents and compensation stating, inter alia, that the defendant-respondent was a monthly tenant at a rental......rained to file the suit. Defendant respondent contested the suit asserting inter alia, no notice under section 106 of the Transfer of Property Act was served on him and the same is also invalid and illegal. He was not a tenant under the plaintiff in respect of the suit premises and he was not a defa..Category: Tenancy Law | Date: | Hits: 76
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ......ies is desired to prevent exercise of the same for collateral purpose, transparency of the decision making authority is a recognized matter to find the right balance between administrative discretion and interest of the aggrieved person……………..(14) Lawyers Involved: Rokanuddin Mahmu......t on l0th January, 2001 his price bid would be opened. 3. In the background of the said facts respondent No. 1 moved the High Court Division in its writ jurisdiction and obtained Rule challenging legality of the Board's decision dated 18th December, 2000 revising its earlier decision dated 13th ..Category: Others | Date: | Hits: 130
Abdur Rashid (Md) and others Vs. Bainchitala Junior High School, 2002, 31 CLC (AD)
.... CPC. 3. It may be mentioned that defendant No. 7 Badaruddin in his application under Order IX rule 13 of the CPC stated that he was entrusted by the Madrasah to manage its property. It was also stated in the application under Order I rule 10 that Badaruddin was a bargade......nbsp; Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Abdur Rashid (Md) and others.................. Petitioners Vs. ......rders I rule 10 & Orders XXII rule 4 Since no Estate has been left by the father to which the petitioners have succeeded on his death, they do not come within the ambit of legal representative as contemplated in rule 4 or Order XXII of the Code. Even..Category: Property Law | Date: | Hits: 63
Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)
.... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ...... The Evidence Act, 1872 (I of 1872), Section 5 It is well settled that when a wife met with an unnatural death while in custody of the husband and also while in his house the husband is to explain under what circumstance the wife met wit...... law on the point has been well settled by this Division in various decisions. The trial Court as well as the High Court Division it appears considered every aspect of the matter, particularly the legal position and the conduct of the petitioner, and rightly found the petitioner guilty of the of..Category: Criminal Law | Date: | Hits: 52
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
....amendment filed by the plaintiff-respondents being wholly unnecessary and was filed merely to obtain an order of remand to fill in the lacuna in evidence and the record containing full evidence for a proper judgment in the case the High Court Division was wrong in allowing the prayer for amendment o......urt Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Akitullah and others ................... Appellants Vs. Zafala Begum and others...............Responde......995). Judgment Mohammad Fazlul Karim J.- In this appeal leave was granted to consider the submission of the learned Advocate appearing for the appellants that the High Court Division acted illegally in not deciding the appeal on merit and allowing the same merely on an application filed by ..Category: Procedural Law | Date: | Hits: 114
Abul Hossain Vs. Jahiruddin and others, 2002, 31 CLC (AD)
....gainst the judgment and order dated 1-8- 1999 in Civil Petition No.7 18 of 1999 of this Division, for the reasons that Gurupada Das Bairagi cannot be connected in any way with the real owner of the property Kamini Kumar Chakaraborth alias Das Bairagi as the former was not his brother’s son......ssain ……………………………….…….Petitioner Vs. Jahiruddin and others……………………..…….Respon...... the parties and the appellate Court found that the names of the three brothers or their predecessors have not been recorded in the record of right and the alleged settlement has not been proved by legal evidence. The finding of fact arrived at by the lower appellate Court was concurred by the Hi..Category: Property Law | Date: | Hits: 43
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....he writ petitioner has no genuine grievance. Their further case is that section 20 of the SRA 1860 permits the registration of the Societies for the purposes stated therein. BRAC Bank Limited is a properly formed banking company which is duly incorporated with the Registrar of Joint Stock Compan......bsp; BRAC and others ……………….………Appellants ......anage and operate, the business of banking in violation of the terms and conditions and laws of incorporation there will be a serious undermining of the commercial, financial and, more importantly, legal framework in the country with the effect that legitimate and otherwise qualified entities an..Category: Constitutional Law | Date: | Hits: 199
Syed Abu Hossain Arshad & ors Vs. BD Sugar and Food Industries Corpn and ors, 2002, 31 CLC (AD)
...., facts and circumstances all the three leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 33. ......sp; Syed Abu Hossain Arshad and others……..Petitioners Vs. Bangladesh Su......icers was not promotion, but a design to restrain them from carrying on their trade union activities. 4. The said submissions have got no merit. Firstly, it has got no merit in legal point of view because section 34 of the IRO only allows a workman to apply to the Labour Cour..Category: Labour and Industrial Law | Date: | Hits: 115
Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)
.... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ...... Sections 10(2)(X) & 16(2)(XVI) Since the respondent assessee paid the bonus to the employees as per direction of the Government under the provisions of the above Ordinance and Notification, the question of earning profit for payment of bonus, does not arise…&helli......or conflict between the provisions of section 10(2)(X) of the Income Tax Act and the provisions of the Ordinance. 6. Considering the above facts and circumstances and the legal position discussed the High Court Division’s answer to the question under reference was..Category: Fiscal/Taxation Law | Date: | Hits: 66
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