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Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)
....ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ...... Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J Abdus Satter (Md)............................ Appellant. Vs. Bangladesh and others………………. Respondents. Judgment A......a) or (b) or (c). 11. Hence for all the reasons above, the High Court Division was not justified in rejecting the w petition summarily. The impugned order of the Authorised Officer lacks any legal basis and cannot be sustained. It is accordingly, held to have been passed without lawful au..Category: Business or Commercial Law | Date: | Hits: 136
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....r section 5(1a) and 5(3) of the (Emergency) Requisition of Property Act, 1948 (Act XIII of 1948), briefly the Act, have not been issued or served in L.A. Case No. 63 of 1959-60 in respect of the suit property as per provisions of law. 3. In order to appreciate the matter in appeal in which the i......lso Reported in: 48 DLR (AD) (1996) 178....... land. The facts of the case have grown pretty long as the plaintiffs are campaigning from 1963 with the only grievance that proper notices not having been served, the acquisition of their land was illegal and invalid. Thus while it will be necessary to recount briefly all the facts for a proper app..Category: Property Law | Date: | Hits: 80
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....employees are employed. Additionally, the experience gained by them since the last two years will be of assistance to the new Tribunals. Considering the matter from a larger perspective, it will be proper to accept the responsibility of appointment of these retrenched employees from a humanitari......nt: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Secretary, Internal Resources Division, Ministry of Finance and Chairman, National Board of Revenue, Dhaka………………&helli...... not applicable to the writ petitioners on the ground that they are not Mujibnagar employees or on any other ground should not be declared to have been made without lawful authority and to be of no legal effect and why a declaration should not be made that they were entitled to be treated and co..Category: Constitutional Law | Date: | Hits: 161
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
.... not addressing the Government immediately on receipt of the complaint as to sanction as required under section 6(5) of the Act and (2) that the order for holding inquiry by the ASP was illegal and improper as his superior/higher officers were made accused in the complaint petition. 5. The High C......24; Ainuddin vs. State PLD 1962(WP) Karachi 738 Chikoni Bewa vs. Abdul Awal PLR (1964) 14 (Dacca) Dacca Series 557; Bangladesh vs. Abdur Rahim 35 DLR 249; Jahirul Huq Khan vs. State 9 DLR (Dacca) 109 and Md. Baharuddin Sarker vs. The State l0 DLR (Dacca) 321 ;(1945) 7 FC Reports 90 and (1945) FC Rep......pellant moved the High Court Division in revision as aforesaid in which the impugned order was passed. 4. It was submitted before the High Court Division that (1) the learned Special Judge acted illegally in not addressing the Government immediately on receipt of the complaint as to sanction as r..Category: Anti-Corruption Laws | Date: | Hits: 92
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Akhtar Banu being dead her heirs: Alhaj Md. Hossain Khan and others………Plaintiff-Appellants Vs. Habibunnessa and others&hel......said misc. case No. 25 of 1969 was dismissed on the ground of limitation with the observation that defendant No.4 Md. Yakub had died on 29-1.65 and that abatement took place automatically when the legal representatives of the deceased were not brought on record within the prescribed time and no ..Category: Property Law | Date: | Hits: 70
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ......e Appellant. B Hossain Deputy Attorney General, instruct by Sharifuddin Chaklader, Advocate-on-Record—P the Respondents. Civil Appeal No. 22 of 1995. (From the judgement and order dated 7 June 1994 passed by the Administrative Appellate Tribunal Dhaka in Appeal No. 75 ......fication as BA in the relevant form, though, in fact, he failed to passed the BA examination. Although the Administrative Tribunal held that the proceeding and order of compulsory retirement was illegal and void being without jurisdiction, but dismissed the appellant’s case by the judgment..Category: Administrative Law | Date: | Hits: 138
Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)
....rt Division restored the judgment of the trial Court after setting aside the judgment of the lower appellate Court by disbelieving the story of shifting of the school to the new site it will not be proper for us to express ourselves on anything with regard to the name of the school. Accordingly, ...... Roy Choudhury J Abul Bakar Siddique (Md) …………………………..Petitioner Vs. Additional Deputy Commissioner, Kurigam and others………………………..Respondents ...... is the Head Master. The Government grants have also been spent in the new place of the school. In the meantime a new school was started on 30.10.90 at the other place and the new school has been illegally claiming as the original Bhadrapara Adarsha Non-Government Primary School. Hence the suit h..Category: Property Law | Date: | Hits: 63
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
.... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ......oy Choudhury J Sadharan Bima Corporation…………………………………. Appellant Vs. Bengal Liner Ltd. and another……………………………&......actual price, but for the purpose of insurance it should be presumed that value given in the policy itself shall be taken as the market value of the vessel in law.” Then again, “For all legal and reasonable purpose the market value of the vessel will be determined from the value given..Category: Business or Commercial Law | Date: | Hits: 151
ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)
....of OC Execution Case No.15 of 1967 on 6.4.68. The appellant’s further case was that the judgment-debtors Gour Gopal Saha and others left for India before the 6th September, 1965 and the suit property was treated as vested property. The decree-holder at first prayed for release of the suit ......hellip;…………….. Respondent Judgment November 27, 1995. Cases Referred to- Bangladesh Jatiya Samabaya Bank Ltd. vs. Sangbad Daily Paper and others, BCR 1983 (AD) 418; Md. Abdur Rahim and others vs. Sree Sree Gredhari Jeo. 27 DLR (Dhaka......cedure whereupon Miscellaneous Case No. 38 of 1978 was started. 4. The appellant’s objections were that the decree-holder was not an insane person and that his son Abdul Mannan has no legal right to represent him as his next friend and that the execution case was barred by limitatio..Category: Civil Law | Date: | Hits: 133
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
.... is also a staircase by the side of the shop room through which one can go to the first floor and second floor. Hence, the finding on the question of bonafide requirements is also not tenable on a proper reading of the entire evidence on record. 21. For the foregoing reasons, the judgment......uf J Monoranjan Barua……………………………………….. Appellant Vs. Mirza Masud Hossain and others ……….Respondents Judgment May 16th, 1996 Lawyer......f Shamsuddin Ahmed vs. Mohd. Hassan and others, 31 DLR (AD) 155, this Division while holding that taking of advance rent for more than one month as contemplated in section 10 of the Ordinance is illegal, observed that the tenant could not be said to be a defaulter in payment of rent within the m..Category: Property Law | Date: | Hits: 56
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
.... nomination paper of the appellant as valid. Thereafter, the question as to whether the appellant had really attained the age of 25 years on 1-1-95 or not, undoubtedly became an election dispute. For proper adjudication of election dispute President’s Order No. 155 of 1972 provides under Chapter V......ivil Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Mahmudul Haque (Md)……………………………………… Appellant Vs. Md. Hedayetullah and others…………………….. Respondents Judgment January 3, 1996. Result: The a...... the High Court Division declaring that the acceptance of his nomination paper by the Returning Officer, respondent No. 4, as a candidate in that by-election was without lawful authority and is of no legal effect, as he was less than 25 years of age on the date of submission of the nomination paper ..Category: Election Law | Date: | Hits: 129
Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 1996, 25 CLC (AD)
....76 renumbered as Title Suit No. 84 of 1984 rejecting the application for amendment of the plaint. 2. The appellants instituted the aforesaid suit for declaration of their title to, the suit property described in Scheduled ‘A’ to the plaint and for recovery of khas possession t...... Civil Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Abdul Wadud Contractor and another…………………….Appellants Vs. ...... that prayer for the proposed amendment of the plaint. The appeal is, therefore, dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 120 ..Category: Property Law | Date: | Hits: 52
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....laimed is under valued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the court fails to do so; (c) Where the relief claimed is properly valued, but the plaint is written upon paper insufficiently stamped and the plaintiff, ......p;……………………………………………...Plaintiff-Appellant Vs. Mrs. Rukshana Matin and others……………………………&h......e agreed dates she did not send the child nor she informed the plaintiff of any other agreement in this regard. Defendant No.1 having prevented the plaintiff from seeing the child and he being the legal and natural guardian and being entitled to see the child under the agreement, filed the suit ..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....tual agreement for so much each month, and several months are allowed to pass without his giving her anything, and she in the meantime raises her maintenance on credit, or disburses it out of her own property, and then either the husband or the wife happens to die, the whole of what has been so rais......ases Referred to- Abdul Futfer Moulvie Vs. Pabunesa Khatun, (1881) ILR 6 (Cal) 631; Mst. Ghulam Fatima Vs. Sheikh Muhammad Bashir, PLD 1985 (WP) (Lahore) 596; Sardar Muhammad Vs. Most. Nasima Bill and ors, 19 DLR (WP) 50 = PLD 1966 (Lahore) 703; Sirajul Islam Vs. Halena Begum and Ors. 48 DLR (HCD......incumbent upon another from three causes; (a) from being a wife; (b) from being a relation; (c) from being a slave or servant.” Syed Ameer Ali says further at the same page— “The husband is legally bound to maintain his wife and her domestic servants whether she and her servants belong to ..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....d the opinion of the Enquiry Committee members as none of them had seen EMIJ pumps before. Finally, he supported the judgment of the High Court Division which was, according to him, correct, just and proper. 26. It is an admitted principle in the administration of criminal law that the charge fr......Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State……………………Appellant Vs. Md. Iqbal Hossain alias Iqbal Hossain and others…………………………Respondent (In Criminal Appeal Nos.15-17 & 18 of 1992) ......vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ..Category: Anti-Corruption Laws | Date: | Hits: 92
AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)
....udgment and order of the Administrative Tribunal is restored. The appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 97 ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Muhammad Abdur Rouf J Md. Ismailuddin Sarker J Additional General Manager, GM Office, Postal Life Insurance Dhaka and another………………Appellants Vs. Sheikh Mizan...... Bench of the High Court Division presided over by Mr. Justice Mustafa Kamal J, as his Lordship then was, observed as follows: “We cannot read into the Rules what is not there. A legal fiction can be created only by a statute and it is not open to us to create a legal fiction ..Category: Administrative Law | Date: | Hits: 122
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
....er the said deed. It was the respondent’s case that after some years Begumjan expressed her wish that she was not in a position to repay the consideration money and to re-purchase the sold out suit property. In such a situation Begumjan on receipt of a further amount of Taka 99.00 from the defenda...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Tafazal Ahmed Contractor.……………………………..Appellant Vs. Abdur Rahim and others……………………………. Respondents Judgment February, 1996. Result: ......dence Act to vary or contradict the terms of the mortgage deed. 7. Mr. Khandker Mahbubuddin Ahmed, learned Counsel for the plaintiff-appellant, submits that once the High Court Division deduces a legal finding from a construction of the mortgage deed Ext. 2 that it was a deed of mortgage and not..Category: Property Law | Date: | Hits: 63
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
....mpugned judgment that the learned Judge found that the respondent had received the rent for the months of November and December 1985 from the appellant subject to fresh lease agreement but it was not properly explained as to what factors had prevented the appellant to enter into a fresh agreement wi......ecord — For the Appellant. Moksudur Rahman, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record— For the Respondent. Civil Appeal No. 80 of 1994. (From the judgment and order dated 22nd June, 1994 passed by the High Court Division, Dhaka in Civil Revision No. 7404 ......, therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ..Category: Tenancy Law | Date: | Hits: 82
Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)
.... Court Division in the present case is not consistent with the principles as already settled and referred to above briefly. Instead of laying down a new principle it would have been easier and more proper for the High Court Division to dismiss the petition on merit. Indeed, no Rule should have b......instructed by Md. Nawab Au, Advocate-on-Record—For the Petitioner. Not represented—Respondents. Criminal Petition for Leave to Appeal No. 51 of 1995. (From judgment and order dated 5th April, 1995 passed by the High Court Division, Dhaka in Criminal Revision No. 7......ner, submits that the High Court Division was in error in taking the aforesaid view as the same is not based upon any principle or precedent. He also submitted that the High Court Division acted illegally in not considering the facts of the case at all and in discharging the Rule upon an erroneo..Category: Criminal Law | Date: | Hits: 71
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....ourt Division, by the impugned Judgment and order dated 12 November 1990, rejected the application for review on the ground, first, that the delay in filing the application for review has not been properly explained; secondly, the respondent in the writ-petition had an alternative remedy by way ......ve to Appeal No. 317 of 1991] A H M Amir Hossain………………………………… Petitioner Vs. Bangladesh and others……………………………........ only question therefore which fell for consideration in this appeal and which has been mainly canvassed by the learned Additional Attorney- General appearing for the Government-appellant, was the legality and propriety of the impugned direction given by the High Court Division to give effect to..Category: Constitutional Law | Date: | Hits: 174
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