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Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....ppellant was serving abroad in Bangladesh Mission. Notices were duly served upon the present appellant through Bangladesh Foreign Office but he was not allowed to come to Dhaka and to defend his case properly and effectively by engaging his Advocate of choice and placing all relevant laws and papers...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Raziul Hasan.………………………………………….Appellants Vs. Badiuzzaman Khan and others………………..Respondents Judgment February 1, 1996. Result: The appea......seniority is secured………………(14) ii) Whenever a gross injustice is done to anybody for no fault or laches of his own and no remedy is available to the aggrieved person under the existing legal structure and if any valuable right is accrued to him Appellate Division in exercise of jurisd..Category: Administrative Law | Date: | Hits: 167
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....held to be opposed to public policy.” 14. The case of Md. Joynal and others vs. Md. Rustam Ali Mia and others, 36 DLR (AD) 240, is a case in which the parties made exchange of properties between them in consideration of settlement of dispute. In that decision, it was specif......ellip;…………………………………………..Plaintiff-Appellant Vs. Ayesha Khatun and another ………………Respondents Judgment ......le Suit No 25 of 1987. 2. The plaintiff filed a suit for declaration that the two kabalas executed by the plaintiff and registered on 12.4.76 and 6.10.76 in favour defendant No.1 are illegal and inoperative and, as such, defendant No.1 has not acquired any right, title and interest ..Category: Property Law | Date: | Hits: 72
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
....f the bank are not meant for productive purposes” and, as such, the suit was maintainable. 3. Leave was granted to consider as to whether the learned Single Judge of the High Court Division upon proper interpretation of the definition of the word worker” as defined in section 2(v) of the Act ......n-Record— For the Appellants. Shamsul Haque Siddique, Advocate-on-Record— For Respondent No.1. Not represented — Respondent Nos. 2-6. Civil Appeal No. 20 of 1994 (From the judgement and order dated 27.1.1992 passed by the High Court Division in Civil Revision No. 3663 of 1991). ......ming those dated 26 September 1987 passed by the Assistant Judge, Ramganj decreeing Title Suit No. 41 of 1986 and declaring thereby that the termination of employment of the plaintiff has been done illegally and without any lawful authority and that the plaintiff is still in the employment of the Ru..Category: Labour and Industrial Law | Date: | Hits: 152
Mostafa Kamal (Md) Vs. First Court of Settlement and others, 1996, 25 CLC (AD)
....red kabala to the petitioner’s vendor Moksed Ali from whom the petitioner on 11.5.79 purchased the same by a registered sale deed. But the said house having wrongly been enlisted as abandoned property the petitioner prayed before the Court of Settlement to get the house released from the l......hellip;…………………………………………… Petitioner Vs. First Court of Settlement and others………………………. Respondents. ......o.7 of 1992 and maintaining thereby the enlistment of the House No.1-E/9-29. Mirpur Housing Estate, Mirpur, Dhaka by the respondent in ‘Ka’ list of the Abandoned Buildings as valid and legal. 2. Case of the petitioner, in brief, is that, the original lessee Mobina Khatun of th..Category: Property Law | Date: | Hits: 48
Muzaffar Hossain Vs. Md. Humayun Kabir and others , 1996, 25 CLC (AD)
....aterial allegations made in the election petition and contending, inter alia, that the election was held in a peaceful manner, that there was no rigging as alleged by the petitioner and that after proper counting of votes he was duly declared as elected Chairman of the said Union Parishad. It ha......Sarker J Muzaffar Hossain……………………………………… Petitioner Vs. Md. Humayun Kabir and others …………….Respondent Judgment August 13th, 1......out of the locality by way of forgery and false personation. As a result of which the petitioner got 651 votes while respondent No.1 got 1544 votes. Similarly, respondent No.1 adopted corrupt and illegal practices in Dopolla Janata High School Centre where the petitioner’s 100 valid votes w..Category: Others | Date: | Hits: 98
Golam Murtaza Bhuiyan and Others Vs. Government of Bangladesh and Others, 1996, 25 CLC (AD)
.... Business: “The Secretary shall be official head of the Ministry/ Division and subject to sub-rule (iv) he shall be responsible for its administration and discipline and for the proper conduct of business assigned to it.” 7. This matter has arisen out of a G...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Golam Murtaza Bhuiyan and Others ……………………………&......uary 10, 1993 the Assistant Secretary stayed that order and affirmed the earlier order dated February 2 ,1993. 4. The High Court Division found that the resolution of the Union Parishad was legally made and it was for constructing a new Union Parishad Office-cum -Community Centre at the ..Category: Property Law | Date: | Hits: 71
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....question of fact and law it is not time yet to consider this constitutional question while the document is still not ready for observation with all its factual clothings. The prosecution may obtain improperly procured material (e.g. materials obtained on an illegal search) or inadmissible material o......titioner. AW Bhuiyan, Additional Attorney General instructed by Sharifuddin Chaklader, on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 108 of 1995 From the Judgment and Order dated 9-5-95 passed by the High Court Division in Criminal Revision No. 365 of 1992). J......ermined price and on payment of the price of land on interest-free instalments, with a view to deriving pecuniary benefits for themselves or to confer pecuniary benefits to the said Company thereby illegally benefiting the said Company to the tune of Taka 13,40,43,636.97.00 or enriching themselves t..Category: Anti-Corruption Laws | Date: | Hits: 105
Government of Bangladesh Vs. Hasan Movies Ltd. and others, 1995, 24 CLC (AD)
....” of Taka 40.00 per month has been made without any lawful authority and is of no legal effect. 2. Leave was granted to consider as to whether the learned Judges of the High Court Division upon proper interpretation of the term “যাতায়াত ভাতা” as ‘travelling allowanc......) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Government of Peoples Republic of Bangladesh represented by the Secretary Ministry of Labour and Manpower. Bangladesh Secretariat Dhaka……………… Appellant Vs. Hasan Movies Ltd.......ix any such “travelling allowances” and as such the recommendation made by the Board for “travelling allowance” of Taka 40.00 per month has been made without any lawful authority and is of no legal effect. 2. Leave was granted to consider as to whether the learned Judges of the High Cour..Category: Labour and Industrial Law | Date: | Hits: 130
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....e sufficient to exonerate the appellants from the finding made by the High Court Division that the allegations upon which the action was taken were not brought to the notice of the respondents and no proper opportunity was given to them to show cause before passing the order of expulsion against the......t Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Principal, Chittagong Medical College and others ………………Appellants (In all the Appeals) Vs. Shahrayar Murshed ………......ion dated 20.10.1993 issued under the signature of the appellant No.1 expelling the respondents from the Chittagong Medical College for ever was passed without any lawful authority and thus was of no legal effect. 2. Respondent in Civil Appeal No. 70 of 1994 and petitioner in Writ Petition No. 2..Category: Constitutional Law | Date: | Hits: 169
Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)
....mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ......ip;……………………………………………….. Petitioner Vs Bangladesh Telegraph and Telephone Board and others……………………&hell...... as it relates to invitation of tender for establishment of Cellular Mobile Telephone Service in major cities and areas of Bangladesh should not be declared to be without lawful authority and of no legal effect and why the respondents should not be directed to cancel, rescind and /or withdraw the..Category: Information Technology Law | Date: | Hits: 251
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....BTL’s licence, does not question the locus standi of Mr. AKM Mainul Haque specifically, except stating in its affidavit-in-opposition in a general way that the writ petition had not been filed with proper authority from BTL. BTL has explained in its affidavit-in-reply under what circumstances Mr. ......al J Latifur Rahman J Bangladesh Telecom (Pvt.) Ltd………………………………………………………………. Appellant (In Civil Appeal No. 73 of 1992) Bangladesh Telegraph and Telephone Board and anr. ……………………………Appellant (In Civil Appeal No. 3 of 19......ment and other terms and conditions, it contended. 5. But the main ground taken by BTTB was that the writ petition was not maintainable as the contract was commercial in nature and its allegedly illegal cancellation can be agitated by arbitration of in a suit for damages. It was the further case ..Category: Information Technology Law | Date: | Hits: 242
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....made. 3. After making the aforesaid demands to pre-empt the suit land plaintiff No.1 approached defendant No.1 a few days later and asked her to transfer the suit land after receiving proper consideration from him, but she having refused the plaintiff instituted the suit after obtai......) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Attar Mia and another……………………………&......tention is expressed or necessarily implied, a transfer of property passes forthwith to the transferee all the interest which the transferor is then capable of passing in the property, and in the legal incidents thereof, Such incidents include, where the property is land, the..Category: Property Law | Date: | Hits: 84
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
....J.- This appeal by leave is by the plaintiff-appellants against the judgment and order dated 4.8.1993 passed by a learned Single Judge of the High Court Division appointing a receiver for the suit properties in pending Civil Revision No. 366 of 1992. 2. The appellants instituted Title Sui...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Kamiruddin and others............................... Appellants Vs. Md. Mokshed Ali Biswas and ...... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ..Category: Property Law | Date: | Hits: 61
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6....... Vs. State ………………………………………………………..Respondent Judgment August 22, 1995. Result: The appeal is dismissed. Cases Referrd to- Babul and others vs. The State, 15 BLD (1995) (HCD) 88, Md. Aslam vs. State 19 DLR (SC) 242. Lawyers I......btain bail to the satisfaction of the Court, with the expiry of 360 days, if the trial has not been concluded. Section 339D has been repealed. The position now is, no stoppage, no revival. 4. The legal position of an amendment in procedural law has been aptly summed up by SA Rahman, J (as his Lo..Category: Criminal Law | Date: | Hits: 75
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
.... preferred by Bangladesh from the common judgment and decree of the High Court Division dated 2.8.93 in First Appeal Nos. 181 of 1990 and 30 of 1992 dismissing both. 2. Admittedly, the suit property, to wit, a two- storied building with other tin shed and structures being House No. 145A. ...... Appellate Division (Civil) Present: M H Rahman CJ Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Public Works and Urban Development………………………&hellip......d it has not vested in the Government and narrating how he auction purchased the suit property and obtained symbolical possession. The plaintiff contended that the suit property was exempt from any legal process including attachment or sale by any Court and therefore the attachment and sale was ..Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
.... Rajshahi in Title Suit No. 35 of 1962. 2. The facts giving rise to this second appeal may be, briefly stated, as follows: The plaintiff filed the above suit for partition in respect of the properties mentioned in schedule 'Ka' Kha' 'Ga' 'Gha' 'Uma' Cha' 'Chha1 'Ja' and 'Jha'. The plaint......-Hakim J TH Khan J Basiruddin Sarkar................Appellant Vs. Jasimuddin Sarkar and others............Respondents Judgement August 21, 1970. Cases Referred ......thers vs. Mt. Zahura Bibi and others, AIR 1932 All. 512, Niamatullah, J with whom Fullan. J agreed, observed as follows: "The law does not recognise a Mohammedan joint family as a legal entity, and has not provided rules applicable to the family as such. The rights of its indiv..Category: Property Law | Date: | Hits: 51
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....ellant to show cause why the sentence of rigorous imprisonment passed on the said appellant should not be enhanced or such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts which led to the trial of the accused appellant Abdul Gani on a ......l No. 362 of 1977). Fakir Shahabuddin Ahmed with Fariduddin Ahmed (in Cr. Appeal No. 200 of 1967). Zahurul Huq Khan with Serajul Huq—For the State. Appeal Nos. 290 and 362 of 1967. Revision No. 568 of 1967 Judgment: &nb......ions that they were wanted in a rioting case. PW 4 gave another story saying that at about 1 PM on Monday in Falgoon 1370 BS that Taru Mia accompanied by Sultan Mia came to her and demanded some illegal gratification for deleting the name of her husband from the riot case and she paid Rs. 2.00 t..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....ter. Accused Lutfor Fakir is a son of Afsar. Afsar and Iman used to live in- separate mess and in a separated homestead. Parashullah Fakir lived with his younger son Iman; Parashullah Fakir had no property except the homestead. Iman acquired about six bighas of land by cultivating others land on......; Vs. Lutfor Fakir.........Accused Judgment September 25th, 1970. Cases Referred to- Emperor vs, Mst Jagia AIR 1938 Pat 308: Haji Yar Muhammad vs. Rahim Dino and others PLD 1960 Kar 769: Abdul Latif Crown 4 DLR (FC) 431: Qutba vs. The Crown 6 DLR (FC) 126: ......ho recorded the confessional statement ought not to have enquired into the case. The relevant provision of law referable to this point is section 556 of the Code of Criminal Procedure. There is no legal bar for a Magistrate recording confessional statement to hold the enquiry. This view finds su..Category: Criminal Law | Date: | Hits: 62
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
.... the meantime the interest of the plaintiffs and their co-sharers in the said lands were sold for arrears of rent and the mirashdars not being in a position to get back the property, approached the defendants who helped the plaintiffs by advancing ......ll be no order as to costs. Ed. ......ection made by Mr. Nasiruddin Chowdhury, the learned Advocate for the respondents, as to the maintainability of the second appeal in view of the fact that it stands abated as against the heirs and legal representatives of the defendants respondents Nos. 3, 10 and 11, as per order of this Court, ..Category: Property Law | Date: | Hits: 59
Safar Ali and others Vs. State, 1972, 1 CLC (HCD)
....urrence took place in their kalai field at some distance from the ditch when the informants cattle trespassed into the field and, as such, the assault was in exercise of right of private defence of property and was justified. The learned Magistrate thought that this plea was not true and, on con......s and one month shall run consecutively. Ed. ......should have accepted the defence plea of proper exercise of the right of private defence. (2) Separate sentences under sections 147 and 324 of the Pakistan Penal Code are not proper and legal. (3) In view of the offence the sentence passed by the learned Magistrate, special..Category: Criminal Law | Date: | Hits: 69
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