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Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....anagement and Disposal) Order, 1972 (President's Order No. 16 of 1972), article 7 The Abandoned Building (Supplementary Provision) Ordinance, 1985 (LIV of 1985), section 5 Abandoned property in possession of the government could only be included in the ‘Ka’ list of abandoned bu......l Haque J Md. Tafazzul Islam J Abdur Rashid Mollah.....................Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Works and Urban Development and another..........................................Respondent Judgment...... article 7 and non-compliance of the provisions of section 5 of Ordinance No. XIV of 1985, the property was wrongly included in the ‘Ka’ list of the abandoned buildings. Such action was clearly illegal and without any lawful authority. Cases Referred to- Bangladesh vs Amena Kh..Category: Property Law | Date: | Hits: 108
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....f the Cinematograph Act, 1918 and the rules framed thereunder, it is apparent that the discretion vested under the Act must like any other discretion, be exercised reasonably and upon just and proper grounds provided therein on strict compliance of the provision of law so as to guard agains...... Md Fazlul Karim J Amirul Kabir Chowdhury J Bijoy Kumar Chakroborty......................Petitioner Vs. Md. Muzaffar Hossain being dead his heirs Hamida Begum and others..........…Respondents Judgment August 24th, 2005. The Ci...... 2. The plaintiff filed the suit in representative capacity for a declaration that the NOC being No. 233/7 dated 25-3-1986 issued by the Deputy Commissioner, Kishoreganj is null and void, illegal and not binding upon the plaintiffs and also for permanent injunction against the petitioner ..Category: Property Law | Date: | Hits: 69
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....nts (Discipline and Appeal Rules), 1985 has been violated as the impugned order was passed by an authority which was subordinate to the appointing authority and the Appellate Tribunal did not properly consider this aspect of the case and as a result these has been miscarriage of justice and...... Amin J MM Ruhul Amin J Md. Tafazzul Islam J Begum Shamsunnahar..................Appellant vs Government of Bangladesh represented by the Secretary, Women and Children Affairs &. others..............Respondents Judgment June 14th, 20......ent and order dated 27-5-1999 allowed the case holding that the discharge of the appellant from service by respondent No. 2, a Deputy Secretary of the Ministry of Women and Children Affairs, was illegal on account of the President being her appointing authority. It was further held that the impu..Category: Administrative Law | Date: | Hits: 128
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....s finding of fact cannot be said to be perverse either. Interference with an acquittal is called for when the evidence against the accused is unimpeachable. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the ......immediately. Ed. ......ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....d the functions retained by the Government were called "retained subjects". The Parishad was made a body‑corporate with perpetual succession, a common seal and right to acquire, hold and dispose of property, etc. It was to have a Fund of its own, the major contribution, nay, the entire contributio......o. 118 of 1992) Vs. Bangladesh, through the Secretary, Ministry of Local Government, Rural Development & Co-operative, (Local Government Division), Government of Bangladesh, Dhaka and anr...............Respondents (In all the Cases) Judgment July 30, 1992. Cases ......adman was widely respected and he sometimes sat with other men of experience and wisdom and solved problems faced by the villagers. The decisions of the Panchayet, Sabha, Mojlish, though there was no legal sanction behind them, were accepted and obeyed. But it is during the British rule when these v..Category: Constitutional Law | Date: | Hits: 655
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....lleged that in collusion with each other, Mofazzal Hossain submitted false proposal for mutation in favour of the said four non‑official persons and Abdul Jalil allowed the same although the property in question already became vested and was in possession of the lessees under the Vested Pr......l J Latifur Rahman J Abu Bakar Siddique (Md)……………………Complainant-Petitioner Vs. Kafiluddin and others...............Accused-Respondents &......only material document upon which the learned Special Judge placed reliance for holding that there was no such case as alleged. The learned Judge of the High Court Division besides considering the legal provisions as to forwarding of a sale certificate by the court concerned to the Registry Offi..Category: Criminal Law | Date: | Hits: 61
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
.... the suit of 1952 and subsequently confirmed by the Dhaka High Court, and that the same could not be gone into afresh in the suit for mesne profits between the same parties in respect of the same properties. The suit for mesne profits was limited to the determination of damages the plaintiff......din Chaklader, Assistant Attorney-General with him) instructed by Md. Nowab Ali, Advocate-on-Record-For the Respondent. Criminal Appeal No. 15 of 1989. (From the judgment and order dated 30th April, 1989 passed by the High Court Division in Criminal Contempt Case No. 3......session of their lands measuring 1.72 acres in the Kakrail area of Dhaka city against two persons, namely, Awlad Hossain and Fazlul Karim on the allegation, inter alia that the defendants had illegally occupied the lands of the plaintiffs. After their death they were substituted by their hei..Category: Criminal Law | Date: | Hits: 141
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
....cutting earth with side slope 1:2 and grade upto 3% including throughing the spill manually or mechanically at safe distance, leveling, soil dressing etc. Complete, cutting, ramming to a rough for proper filling, leveling the road including dressing bailing put wall, compacting properly, all as ......e Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mohammad Eunus and Brothers (Pvt) Ltd. ........................Appellant. Vs. Registrar, University o...... on demand by the 1st party (Contractor) or in any award by arbitration, upon demand when due, the 1st party shall receive, in addition to the sum named in the certificate, interest thereon at the legal rate in Bangladesh." 33. He submits that the Arbitrator himself gave 30 days to the ..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....at the Lease has been granted on the basis of the information furnished and declaration and statements made in the application and affidavit submitted by the LESSEE for allotment of the demised property; and if at any time any or more of such information or declaration of statement is/are fo.........................................Appellant [In both the appeals] Vs. Rajdhani Unnayan Kartripakha and another .....................Respondents [In both the appeals] Judgment Au......ions against him. The appellant was not aware of any allegations against the vendor both before or after the purchase of the said plot. He was a bonafide purchaser for value without notice of any illegality committed by his vendor. At a meeting of the Board of Trustees of RAJUK held on 29.9.88 a..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....neous causing miscarriage of justice. He has next argued that exclusion of accused Mantu from the criminal act merely on a slight difference between ocular evidence and medical opinion is highly improper, causing failure of justice. 7. The unusually lengthy judgment of the learned Judges ......p;……………………..Petitioner. Vs. Montu @ Nazmul Huq and others……………………………&h......ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ..Category: Criminal Law | Date: | Hits: 93
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....n other employees were also found guilty and given minor punishment. 9. In the face of these materials it is to be seen whether there is any substance in the ground that the enquiry was not proper or that the appellant was not given sufficient opportunity to defend himself. As the facts s...... Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bashir Ahmed...................Appellant Vs. Bangladesh Jute Mills Corporation and others............Respondents Judgment March 19th, 1992. Lawyers Involved: ......e BJMC, which is under the Jute Ministry, Must have been following the Government Rules. We find no substance in this argument, for the general instructions are meant for those authorities who are legally bound to hold enquiry under the Government Rules. There is nothing on record to show that t..Category: Employment/Service Law | Date: | Hits: 67
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J Mustafa Karnal J Latifur Rahman J Managing Director, Rupali Bank Limited and others…………….Appellants Vs. Tafazal Hossain and ......ral law and a special law is by the principle known as Generalia Specialibus non derogant‑which in English means, general words do not derogate from the special". In other words, if any legal remedy is ordinarily available under both general law and special law the remedy prescribed b..Category: Administrative Law | Date: | Hits: 130
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....ul Bari & others ..................Defendant-Respondents Judgment April 12, 1992. Result: The appeal is allowed. A court may, however, add a party even at the revision stage in a proper case and the minimum that is required to be found in such a case is that the presence of such......12 BLD (AD) 174; 44 DLR (AD) 253. ...... Court Division in Civil Revision No. 2049 of 1990). Judgment ATM Afzal J.- The short question raised in this appeal by leave is whether the learned Judge of the High Court Division acted legally and properly in adding respondent No. 1 as opposite party No. 3 in Civil Revision No. 2049 o..Category: Property Law | Date: | Hits: 67
Manik Chand Bibi @ Rezian Nahar & anr Vs. Abdul Mutakabbir Chy @ Sufi Mia Chy, 1992, 21 CLC (AD)
....the meanwhile Shamsu Mia Chowdhury died leaving the appellants and the respondent as heirs along with others. The appellants' case was that, the heirs of Shamsu Mia Chowdhury decided to partition the properties left by him amicably in terms of which a Swaranlipi dated 30th March, 1980 was executed b...... This Case is also Reported in: ...... misconceived or not as an appeal was pending before the District Judge and also whether the learned Single Judge of the High Court Division misdirected himself in failing to appreciate correctly the legal and factual aspects of the matter and thereby fell into an error of law occasioning a failure ..Category: Limitation Law | Date: | Hits: 175
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....isal Bench, High Court Division by judgment and order dated 24.11.85 in Civil Revision No. 311 of 1981 discharged the Rule, maintaining the judgment and decree of the lower appellate Court. 2. The property described in the Schedule to the plaint belonged to deceased defendant No.1 Rajeshwar Roy C...... Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latufur Rahman J Habibur Rahman being dead his heirs Saleha Begum and other ...................Appellants Vs. Sree Jogiswar Roy Chowdhury Chand and others……...... advance purchase‑money with compensation before the contract could be rescinded then it is difficult to see why his offer to return the purchase‑money with interest should not be taken to be his legal readiness to part with the same forthwith. The appellants could have tested Rajeshwar's readin..Category: Property Law | Date: | Hits: 82
AKM Mosharaf Hossain Vs. The State, 1992, 21 CLC (AD)
....ed the misappropriation of more than Taka six crores in connection with export of fertilizer to Nepal. 3. Leave was granted to consider whether the learned Judges of the High Court Division upon a proper interpretation of section 497 of the Code of Criminal procedure refused the bail of the appel......rd-For the Appellant. M Shamsul Alam, Deputy Attorney‑General, instructed by Md. Sajjadul Hoque, Advocate-on-Record-For the Respondent. Criminal Appeal No. 20 of 1991 (From the Judgment and order dated 18.7.91 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 508 of 1......tion 409 as alleged." The approach of the learned Judges of the High Court Division being not in accordance with the mandate of section 497 of the Code of Criminal Procedure the refusal of bail was illegal and not in accordance with law. At the time of granting leave, chargesheet was not submitte..Category: Anti-Corruption Laws | Date: | Hits: 92
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
.... in regard to suits based on contract." 17. The learned Judges also referred to the following observation of Lord Herschell in (1891) AC 107 (144 and 145): "I think the proper course is in the first instance to examine the language of the statute and to ask what is ...... The appeal is dismissed with costs. Ed. ......ndant and when the plaintiff in effect rejected the goods after inspection by the SGS dated 6th October, 1982, and on each and every time when the plaintiff and their lawyers sent telex and served legal notices upon the defendant." 3. The appellant filed an application under Order VI..Category: Business or Commercial Law | Date: | Hits: 124
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
....nbsp; Shahabuddin Ahmed CJ- In this petition for leave the question is whether the conviction of the accused-petitioners for a minor offence is proper and justified when they were acquitted of a major offence with which they had been charged. ...... Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdus Samad @ AKM Abdus Samad and others................. Petitioners. Vs. The State................. Respondent ......enal Code fell through, the conviction of the petitioners under section 149 for the rioting cannot stand in the absence of a specific charge under this section. Learned Counsel does not dispute the legal position that under sections 236 and 237 of the Criminal PC, a person, charged with a graver ..Category: Criminal Law | Date: | Hits: 59
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
.... The defendant's own pattan is an unregistered document which the trial Court disbelieved, as a lease was required to be executed by both sides and registered in view of the said land being a town property. The trial Court also found that the document of pattan was an ante‑dated one. Rajen...... Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Narayan Chandra Rajak Das......... Appellant Vs. Md. Amjad Ali Miah and others……&...... also filed Title Suit No. 135 of 1979 in the same court against the same defendant-appellant for a declaration that the aforesaid compromise decree dated 19.7.77 in Title Suit No. 1 of 1977 was illegal, void, fraudulent, collusive and not binding on the plaintiffs on the allegations, inter alia..Category: Property Law | Date: | Hits: 67
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
.... of the body of the victims. Alleged penetrating wound on the scalp of Montajuddin and fracture of the right hand of Shahajuddin which he described as grievous cannot be accepted in the absence of proper evidence from the hospital which the prosecution failed to produce. Considering all aspects ......in Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Hamid Mollah................... Complainant-Appellant Vs. Ali Mollah and another…………………... Accused-Respondents Ju......another facts on record were considered by the Additional Sessions Judge before passing the order of acquittal, that his findings were consistent with the evidence and that there was neither any illegality nor any failure of justice. 15. The evidence of alleged recognition of Ali Mollah b..Category: Criminal Law | Date: | Hits: 51
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