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Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)
....though he was alive till then. 4. The question raised in this appeal can be answered by applying the test whether the right of pre‑emption is a personal right or it is attached to the property under pre-emption. 5. Section 96 provides right of pre‑emption to the coR......993) 171 ......sif with modification to the effect allowing pre‑emption in favour of the pre-emptor-respondents 1-6 and refusing pre‑emption in respect of the pre-emptor-respondents 7-9. The heirs and legal representatives of deceased Chand Mia obtained leave from this Division contending that the r..Category: Property Law | Date: | Hits: 54
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ...... MH Rahman J ATM Fazal J Mustafa Kamal J Latifur Rahman J Haji Nurul Alam @ Haji Nurul Alam Sawdagar.....................Appellant Vs. Al‑Haj Abdus Sobhan Sawdagar Wakf Estate and another ....................Respondents Judgment January 22, 1992. Lawyers Involved: ...... the absence of any boundary wall in between the two plots defendant No. 1, enlisting the collusive support of defendant No. 2, a tenant under the plaintiff in the southern portion of plot No. 799, illegally encroached upon the aforesaid Schedule 1 (Ka) land and had excavated foundation of a pucca w..Category: Property Law | Date: | Hits: 66
State Vs. Zahir and ors., 1993, 22 CLC (AD)
....side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ...... Badrul Haider Chowdhury J. State............................Appellant Vs. Zahir and ors ..............Respondents Judgment November 27th, 1980. Lawyers Invo......l by the learned Member, Appellate Tribunal in Tribunal Appeal No. 302 of 1977 on 27.12.1977. 2. The four respondents filed Writ Petition No. 163 of 1978 as petitioners challenging the legality of the order of conviction and sentence passed on them. 3. The prosecution case, i..Category: Criminal Law | Date: | Hits: 48
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....itterness between the parties and an apparent attempt has been made to implicate the sworn enemies of the deceased by improving the prosecution case at different stages through partisan witnesses, proper norms of appreciation of evidence have been adhered to. 14. Mr. Abdul Malek, learned ......ed in: 45 DLR (AD) (1993) 140 ......ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ..Category: Criminal Law | Date: | Hits: 60
New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)
....t No. 8 on 2.6.90 and as respondent No. 8 was already in possession of the premises of the company no formal delivery was necessary. 5. Dr. Hossain questioned the authority of the Bank to sell the property by private negotiation when the Bank had already called public tender and the last date for......ivision (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J New Ideal Engineering Works Ltd……………….Petitioner Vs. Bangladesh Shilpa Bank and others ..........................Respondents Judgment February 16, 1993. Lawyers Invol......t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ..Category: Banking Law | Date: | Hits: 142
Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
....erred the house to Md. Khalil Miah for a consideration of Taka 6,000.00 and mutated his name with the Relief Department of the Government. Thereafter on 22.3.1979 Md. Khalil Miah transferred the property to Shahida Begum for consideration of Tk. 8,000.00 who in turn again sold the house to Md....... J Mustafa Kamal J Latifur Rahman J. Haji Sk Md. Lutfur Rahman ……………..Appellant Vs. Chairman, Court of Settlement, Bangladesh Abandoned Buildings and another............ Respondents Judgment January 21st, 1993. ...... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ..Category: Property Law | Date: | Hits: 63
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
....amely, (i) Bangladesh Biman Ground Services and (ii) Bangladesh Biman Flying Services. He asked the seven registered trade unions of the Biman to submit their documents to his office for obtaining proper registration certificate. The Resistrar then caused a Notification to be published in the Ba...... (Civil) Present: Shahabuddin Ahmed CJ M H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Secretary of Aircraft Engineers of Bangladesh and anr ……………Appellants Vs. Registrar of Trade Uni......spersed unfortunately with some unseemly interference by the administrative ministry which is uncalled for in the scheme of the Ordinance, 1969. But the Registrar's Order dated 2.5.90 is plainly illegal not because there dispute, but because he had no jurisdiction, under the amended legislation,..Category: Labour and Industrial Law | Date: | Hits: 103
Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)
....e "Kha" schedule land he was served with notice dated 20.5.78 from the office of the Sub‑Divisional Officer, Natore to show cause why the suit land should not be declared as vested and non-resident property in DP case No. 33 of 1978, that the plaintiff filed OC Suit No. 630 of 1979 challenging the...... also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ......d by the Government in its written statement, but the P.W.s. examined so far have been cross‑examined on behalf of the defendants. 12. In the circumstances of the case we do not think that any illegality has been committed by the High Court Division in rejecting the revisional application of th..Category: Procedural Law | Date: | Hits: 111
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....e without producing the relevant documents on the basis of which relief is sought for. The Court is bound to apply its mind with reference to the pleadings and satisfy itself as to what should be the proper proof for passing a decree on the basis of the averments made in the plaint. It appears to us...... This case is also reported in: 45 DLR (AD) (1993) 112 ....... It appears to us that the Courts below consider the non‑filing of written statement by the defendant after obtaining several adjournments absolved the Court from the responsibility to examine the legality of the claim of the plaintiff." 7. These observations made with regard to a suit file..Category: Limitation Law | Date: | Hits: 271
Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)
.... of his appointment. In view of the above, we dismiss both the appeals and affirm the impugned decision. No cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 108 ...... ATM Afzal J Mustafa Kamal J Latifur Rahman J. Government of the People's Republic of Bangladesh ........................Appellant Vs. Abdul Motaleb Dewan and ors ……………………….Respondents ......of compulsory retirement. The Administrative Appellate Tribunal affirmed the order of the Tribunal by finding that the Circular dated June 4, 1981 was not issued by President and as such it had no legal effect. In matter from which CA No. 32 of 1993 has arisen the Appellate Tribunal further held..Category: Administrative Law | Date: | Hits: 114
Mujibur Rahman, Ex-Collector of Customs Vs. Government of Bangladesh, 1993, 22 CLC (AD)
....lidly made and shall not be questioned in or before any Court on any ground whatsoever, The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 98 ......l J Latifur Rahman J. Mujibur Rahman, Ex-Collector of Customs……………Petitioner Vs. Government of Bangladesh represented by the Secretary and others.... Respondents Judgment December 10th, 1992. Lawyers Involved: ...... void and without jurisdiction, inter alia, on the ground that the CMLA was not competent under the Rules to pass the order of compulsory retirement. The Appellate Tribunal, however, held that the legal dispensation under which the CMLA was running the country and the administration provided unl..Category: Administrative Law | Date: | Hits: 122
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....man activities went up to uprooting of two eyes of Kawsor Molla. Hence we hold that the said ground, although it is mixed up with some past activities of the detenu and some facts about him, is a proper ground of detention which is based on sufficient materials." 8......l) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Habiba Mahmud .................................Appellant Vs. Bangladesh and others... ..................Respondents Judgment August 31st, 1992. Lawy......oppressive and terrorist activities the detenu was suspended from the post of Chairman of Kotwalipara Upazila. So that nobody dares raise any objection against him, the detenu organised an armed illegal bahini known as the Special Army and that bahini is still existing. The detenu's terrorising ..Category: Criminal Law | Date: | Hits: 88
Golam Md. Vs. Sr. S N Kanangoe being dead his heirs Sr. Biman B Kanangoe & ors., 1993, 22 CLC (AD)
....ts, submits, on the other hand, that there are no factual foundations laid by the appellant in his evidence as to whether Amalendu Dev, the allegedly left-out co-sharer, was a necessary party or a proper party. So even on a consideration of the procedural law under Order 1, rule 3 or Order IF ru...... Mustafa Kamal J Latifur Rahman J. Golam Mohammad..............................Appellant Vs. Sree Sailendra Nath Kanangoe being dead his heirs Sree Biman Behari Kanangoe and others...........Respondents Judgment January 20th, 1993. Cases Referred......to interfere with the Judgment and order of the High Court Division. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 86 ..Category: Property Law | Date: | Hits: 85
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....t proposed to be delivered by my learned brother Mustafa Kamal, J. As I find it difficult to agree with him on two main questions I am giving this Judgment separately. The questions are whether the property of Respondent No. 1 is an abandoned property and, even if it were not an abandoned propert......hman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh, represented by the Secretary, Ministry of Industries, Government of the People's Re-public of Bangladesh and anr........................Appellants [In CA No. 31 of 1991] Bangladesh Steel and Engin......he enterprise were not available to control and manage it. Respondents made representation to the Government saying that the property was not an abandoned property and as such its taking over was illegal and prayed for its release, but the Government did not accept this contention. On and from 26..Category: Property Law | Date: | Hits: 65
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
.... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ......66 ...... and for considering that it was safe to convict the accused in a particular case without corroboration. Mr. Gholam Rabbani J is therefore not correct in stating as follows: "The legal theory that the evidence of a prosecutrix in a rape case requires corroboration by independe..Category: Criminal Law | Date: | Hits: 66
Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)
....tself, upon a misconception of both law and fact, in holding the above. 17. Mr. Rafique-ul-Huq learned Counsel for the appellant submits that the first three charges are in fact not charges proper but are in the nature of spelling out the 'habitual' character of the respondent's delinquen...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bank of Credit and Commerce (Overseas) Limited now Eastern Bank Ltd ..............Appellant V......ry of the BCCI Employees Union, was dismissed from service on 16.2.88 for misconduct. Upon his filing complaint Case No. 19 of 1988, the First Labour Court, Dhaka held the order of dismissal to be legal but in view of severity of sentence converted it to one of termination from service with term..Category: Labour and Industrial Law | Date: | Hits: 100
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
.... votes, the Election Commission must follow them and that in the absence of any such rules or where rules or statutes are silent on any matter, then only the Election Commission has got power to take proper steps and further that the general power of "superintendence, control and direction" is meant...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Altaf Hussain…………Appellants (In Civil Appeal No. 35 of 1992] Vs. Abul Kashem and others…………Respondents (In Civil Appeal No. 35 of 1992) Adaruddin ..........................mission has got power to take proper steps and further that the general power of "superintendence, control and direction" is meant to supplement and not to supplant any statute and rule. 9. In our legal system relating to elections also the Election Commission's inherent power under the provision..Category: Election Law | Date: | Hits: 117
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....earned Special Judge, after hearing both the parties under section 241A of the Code of Criminal Procedure, on the same day framed a further charge on May 4, 1992 against HM Ershad for having acquired property beyond his known sources of income under section 5(i)(e) of the Act 11 of 1947. 8. In Cr......ushan Ershad ....................Petitioner [Criminal Petition No. 118 of 1992] Abdus Shukur Prodhan ..........................Petitioner [Criminal Petition No. 1 19 of 1992] Md. Shahinur Islam and another.........Petitioners [Criminal Petition No. 120 of 1992] M M Rahmatullah .... Petitio......o the thirteen applicants with the ulterior motive to give the land to the JPL whose Chairperson was Raushan Ara Begum. Abdus Sattar was a Director of that company. The accused made the transaction illegally in collusion with each other to obtain a pecuniary advantage of taka four crore. 4. After..Category: Anti-Corruption Laws | Date: | Hits: 302
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
.... “If a statute is passed for the purpose of enabling something to be done, but omits to mention in terms some detail which is of great importance (if not actually essential) to the proper and effectual performance of the work which the statute has in contemplation, the courts ar......n (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abu Taleb ............Appellant Vs. Government of Bangladesh and others..............Respondents Judgment January 31st, 1993. Cases ......he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ..Category: Administrative Law | Date: | Hits: 125
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....ondi under JL No. 724 (part) old and new No. 2053 (part) and I have no objection if any loan is sanctioned/disbursed for this purpose. Further. I declare that I have mortgaged the said property in favour of IDBP and executed the required documents. Sd, Hameeda Banu (Mrs. Hameeda, Ra......n Vs. Jansen [1965] 3 All. ER 363 ; Pettitt Vs. Pettitt [1969] 2 All E.R. 385; KK Das Vs. Amina Khatun, AIR 1940 Cal. 365; Thakoor Chunder Poramanick Vs. Ramdhon Bhuttacharjee. 6 Suth WR 228 (1713) and Ramsden Vs. Dyson [18661 LR I HL, 129; Narayan Das Vs. Jatindra Nath, AIR 1927 PC 135; Gooroo ......infer any common intention of the parties that the husband by expending money on the improvement of the house should acquire any beneficial proprietary interest in real property in which the whole legal and beneficial interest had previously been vested in the wife. 13. Lord Reid, ho..Category: Property Law | Date: | Hits: 80
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