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Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....t Dhaka, praying for his appointment as a trustee of a Trust created by his father, Hamidul Huq Chowdhury, or in the alternative for appointment or election of a suitable person as the Trustee for proper management of the Trust property. Mr. Hamidul Huq Chowdhury had one son, the appellant Khale......ord ‑ For the Respondent Nos. 4‑7. Shamsul Hoque Siddique, Advocate‑on‑Record For the Respondent No. 8. Civil Appeal No.30 of 1994. (From the Judgment and Order dated 9.5.93 passed by the High Court Division in Civil Order No. 2807 of 1993). J......lication for amendment of the plaint of their suit on 20 June 1992 for a declaration that the alleged trust in respect of the suit properties mentioned in the schedule I‑K of the plaint was illegal, void, inoperative and was never acted upon and was not binding upon these respondents. ..Category: Property Law | Date: | Hits: 76
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....o the same directly repudiated the claim of the plaintiff by a letter dated 16.11.91 Ext, 11. It was stated therein that Janata Bank without having any insurable inoperable interest in the insured properties became a signatory to the insurance proposal and the plaintiff secured the insurance pol...... February 23rd, 1995 Cases Referred to- Roul Colinvaux in The Law of Insurance, 3rd Edition, 1970 at page 25; Black's Law Dictionary, 4th Edition, page 49; Halsbury's Laws of England, 3rd Edition, Vol. 1, at page 2; AN Ghose vs. Reliance Insurance Company, AIR 1934 (Rangoon) 15......w misinterpreted and misapplied condition No. 19 of the Fire Insurance Policy by giving a dictionary meaning to the words ‘pending action’ contained in the said clause, contrary to the legal precedents and insurance practice followed in this subcontinent. 11. Mr. AR Yusuf, le..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Hakim (Md) Vs. Genandra Nath Bashu Roy, 1995, 24 CLC (AD)
....ecution in a subsequent suit which is not the case here. Mr. Karim then argued that the alleged power of attorney‑holder was not competent to proceed with the execution case in the absence of proper validation of the power of attorney. This contention is also unacceptable because the High ......preme Court Appellate Division (Civil) Present: MH Rahman CJ ATM Afzal J Mustafa Kamal J Abdul Hakim (Md) being dead his heirs Muhammad Mashukul Alam and other ……… Petitioners Vs. Genandra Nath Bashu Roy being dead......ve no locus standi in the matter (Other Class Execution Case No.4 of 1993). The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 95 ..Category: Civil Law | Date: | Hits: 109
Yakub Ali Vs. State, 1995, 24 CLC (AD)
....he Magistrate may cause an enquiry or investigation to be made before issuing process as provided under section 202. Then the Magistrate will have to follow section 203 or 204 as may be considered proper in a particular case. In the instant case these provisions under Chapter XVI are not applica......li, Advocate‑on- Record‑ For the Petitioner. Not Represented ‑ For the Respondents. Criminal Petition for Leave to Appeal No.37 of 1995. (From judgment and order dated 13 February, 1995 passed by the High Court Division, Dhaka in Criminal Misc. Case N...... the proceeding having been started on the basis of a petition of complaint where the complainant herself has not been examined while the order was passed on the said complaint the proceeding is illegal and liable to be quashed. Mr. Karim in this connection submits that the High Court Division w..Category: Criminal Law | Date: | Hits: 62
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....e junior most General Manager and there might be administrative complexities for absorbing him in that post of Director. The administrative Ministry might absorb the appellant as a Director through proper committee on the basis of the power conferred by the Ministry of Establishment. The matter ...... Present: M H Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Lt. Col. (Retd) Nazimuddin Ahmed ................Appellant Vs. Bangladesh and Others...............................Respondents Judgment April 30th, 1995. ......, etc. for absorbing or regularizing a contract service on a permanent basis. The notifications for absorbing or regularizing the appellant's contract service on a permanent basis were done illegally and without lawful authority. The expression "in the public interest" was blatant..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....l authority, etc. 4. The case of the appellant, briefly, is that the disputed house was originally allotted by the Government to one Md. Zahooruddin under memo dated 12.6.1962 followed by a proper deed of conveyance dated 16.1.1963 leasing out the land to him for a period of 99 years and...... Muhammad Habibur Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J C Q M H Md. Ayub Ali ..............................Appellant Vs. Bangladesh and others ........................Respondents [In Civil Appeal No. 80 of 19931] Mrs. Laila......sale deed through Court on 11.12.1988 which are void ab initio and hit by articles 6, 14, 20 and 24 of President's Order No. 16 of 102. The last allottee of the Government was Abdul Majid who was illegally evicted on 5.2.1989 by the appellant through Court. 9. Civil Appeal No.49 of 1994 i..Category: Property Law | Date: | Hits: 86
Bangladesh Road Transport Corporation Vs. Aminur Rahman & another, 1995, 24 CLC (AD)
..... 7. In the circumstances, we do not think it to be a fit case for interference. The Petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 66 ......e, Supreme Court, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑For the Respondent No. 1. Civil Petition for Leave to Appeal No. 146 of 1993 (From judgment and order dated 4th January, 1993 passed by the High Court Division, Dhaka in Writ Petition No. 114......0 issued by respondent petitioner No. 2. The Chairman Bangladesh Road Transport Corporation, removing petitioner‑respondent No. 1 from service to be without lawful authority and of no legal effect. 2. Respondent No. 1 who at the relevant time was the Manager (Technical) Bang..Category: Employment/Service Law | Date: | Hits: 101
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....upon the appellants and the State and has contended that when the transfer was sought bringing a serious allegation against the Public Prosecutor and the accused‑appellants it was not at all proper that the High Court Division would order the transfer Without giving them any opportunity to......Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MA Rahman J ATM Afzal J Mustafa Kamal J Sirajul Islam (Md). Alias Siraj Madbar and others........Accused‑Appellants Vs. Keramat Ali Bhuiyan and other...............ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....he order of detention as "absolutely irrelevant" and justifying the grounds upon which the order was made and contending further that the detention order was passed by the appropriate authority after proper application of mind, that the Government has valuable incriminating documents in its posses......Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh ………………………………………………………………………Appellant Vs. Dr. Dhiman Chowdhury and others.........................Respondents Judgment August 9, 1993. Cases Referred to- ......t the detaining authority extended the initial period of detention for further three months with effect from 19.7.93. The extension order dated 10.7.93 was served on 12.7.93. 8. Apart from raising legal objections to the order of detention, a large part of the writ petition bears a narration of f..Category: Constitutional Law | Date: | Hits: 185
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....aintiffs' suit in part. 2. Respondent Nos. 1‑3 filed the suit, Title Suit No. 11 of 1972 of the Court of Subordinate Judge, Patuakhali, for partition claiming 0.3077 acres in the suit property and for a declaration that the compromise decree in Title Suit No. 145 of 1954 of the Firs......ahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sova Rani Guha alias Sova Rani Gupta ....................................Appellant Vs. Abdul Awal Mia and others.....................................................Respondents Judgment Ju......ni, contested the suit asserting, inter alia, that the plaintiffs obtained their documents from fictitious persons; that she was one of the auction ‑purchasers; that the compromise decree was legal and valid; that her share of eight annas was subsequently recorded on 27 May 1954 in a mutati..Category: Property Law | Date: | Hits: 51
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....ssed. Words and phrases Hiba and Ariyal There is a distinction between gift (Hiba) and gift of usufruct, ariyal in Muslim Law, stemming from some basic distinctions between the concept of property in English law and Muslim Law. Where corpus of the property is transferred for life time an...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Rabjel Mondal .........................Appellant Vs. Didar Mondal and others.................. Respondents Judgment November 8, 1994. Resul......p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ..Category: Property Law | Date: | Hits: 146
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
....78 for specific performance of contract against their grandmother. The Government of the People's Republic of Bangladesh being a party thereto contended that the disputed premises was an abandoned property but the trial Court held that it was not an Abandoned Property. A decree was however passe...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Mohammad Salem Azam and others.................................Appellants Vs. The Secretary,......r ‘Kha' Schedule. 13. For the reasons stated above the appeal is allowed. The impugned order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ..Category: Property Law | Date: | Hits: 62
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
.... No. 2 of 1987‑88. The appellant is a Private Limited Company incorporated on 3.6.7‑5 for the purpose, inter alia, of acquiring land, constructing houses and buildings, dealing with and improving property, undertaking housing projects, transacting, business of real estate agent, etc. The appella...... J ATM Afazl J Mustafa Kamal J Latifur Rahman J Grihayan Limited.........................Appellant Vs Government of Bangladesh, through the Secretary, Ministry of Public Works and Urban Development, Bangladesh Secretariat, Dhaka and others .....................Respondents ......ment dated 10 June 1988 in connection with LA Case No. 2 of 1987‑88 as required under section 15 of the Ordinance has also been supplied. From these papers it appears that there was no procedural illegality in the acquisition proceeding. 31. It is on record that the land shown in the layout pl..Category: Property Law | Date: | Hits: 79
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
.... approved by the Deputy Commissioner, and the CI sheets were then distributed; after distribution a Master Roll certified by the appellant and the Chairman, was submitted to the Relief Office showing proper distribution of 395 bundles of CI sheets in 1988. But later on, 30 persons, to whom 41 bundle......or the Appellant. Amirul Kabir Chowdhury, Deputy Attorney General, instructed by B. Hossain, Advocate-on‑Record ‑For the Respondent. Criminal Appeal No.12 of 1993. (From the judgment and order dated 15‑7‑93 passed by the High Court Division in Criminal Revision No. 1768 of 1992)......act was disapproved by the High Court Division which, upon modification of the order for bail, asked the appellant to obtain release on bail from the Thana Magistrate. Mr. Mahmud contends that this illegal act of the Additional Deputy Commissioner was done at the instance of the Minister. Mr. Mahmud..Category: Criminal Law | Date: | Hits: 76
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....defendant ‑ respondent No. 2 for declaration of title and recovery of possession after removing the pucca structures so far under construction and to evict all the 5 defendants from the suit property. Since the merit of the case is not involved herein we will not state the plaint case. Aft......urt Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Babul Kanti Das and others....................Appellants Vs. Abul Hashem and others...............Res......extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ..Category: Civil Law | Date: | Hits: 106
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....ant contends that the High Court Division erred in law in not exercising the jurisdiction vested in it when he challenged the impugned order Oil the ground of violation of his fundamental right to property to receive payments of the arrears of salaries from 15 August 1983 to his attaining the ag......ATM Afzal J Mustafa Kamal J Latifur Rahman J Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps .............Appellant Vs. Government of Bangladesh and other .......................Respondents Judgment August 18th, 1994. Case......ment has come about, one can conveniently classify under three heads the grounds upon which administrative action is subject to control by judicial review. The first ground I would call" illegally”, the second “irrationality” and the third "procedural impropriety&..Category: Constitutional Law | Date: | Hits: 203
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....value does not exceed two thousand five hundred takas shall cognizable by a Court of Small Causes.’ Article (4) of the Second Schedule reads: “a suit for the possession of immovable property other than a suit for ejectment of a tenant unless, any other court or officer has exclusi......6) 205 ......ppellants while the defendant is the respondent. 2. The judgment of the High Court Division appealed against is all too brief and does not disclose the facts of the case nor does it dwell upon the legal propositions involved to any extent of satisfaction. We had to glean the facts of the case fro..Category: Tenancy Law | Date: | Hits: 87
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
....in nothing transpiring against the plaintiff he was reinstated by the Chief Martial Law Administrator on August 31, 1982 with a direction that a departmental proceeding be drawn up if found fit and proper. In pursuance of the order the plaintiff was reverted to the Corporation as Secretary. On t......18 of 1994] Government of Bangladesh………………….…….Petitioner [In Civil Petition No. 39 of 1994] Vs. Rakibuddin Ahmed and others……………………Respondents Judgmen......ice. 3. The plaintiff thereupon brought a suit, Title Suit No.697 of 1985, in the Third Court of Subordinate Judge, Dhaka praying for a declaration that the termination of his services was illegal and without lawful authority and that he was still in the service of the Corporation as its S..Category: Employment/Service Law | Date: | Hits: 77
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
.... by the High Court Division was not accepted by this Division. In the second case, it appears that the decisions in A Hannan’s case both by the High Court Division and this Division were not properly appreciated. It is to be observed that the subsequent decisions were the result of failure......iminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Collector of Customs, Chittagong and Others……………………………&......he opening of the letters of credit. 3. It will be sufficient to notice the facts of only one case because the facts in all the petitions are basically the same giving rise to the aforesaid legal dispute. The writ-petitioner in Writ Petition No.3232 of 1991 out of which Civil Petition for..Category: Business or Commercial Law | Date: | Hits: 126
Delwar Hossain Khan (Md) Vs. Dhaka Club Limited and another, 1996, 25 CLC (AD)
....cept observing any direction that may be contained therein. With the above observations the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 198 ......sain Khan (Md)…………………………………………… Petitioner Vs. Dhaka Club Limited and another……………………………&......urt of Subordinate Judge, Dhaka for a declaration that letter No.1617/DC dated 24-8-95 issued by Dhaka Club Ltd., Defendant No.1 suspending the plaintiff for 3 months with effect from 26-8-95 is illegal, unlawful, without any lawful authority and, as such, is of no legal effect and not binding u..Category: Property Law | Date: | Hits: 65
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