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Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)
....n of the defendant from a shop room stating that he was owner of the premises and he let out the same to the respondent and he required that said shop room for extension of his business by his two sons and that he served a notice under section 106 of the Transfer of Property Act upon the respond...... suit. In the result the appeal is allowed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 63. ...... and Rule Nisi was issued upon the appellant. 5. The learned Single Judge of the High Court Division by the impugned judgment and order set aside the judgment and decree of the trial Court and dismissed the suit, against that judgment and decree the appellant preferred this a...... The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 18(1) Under the Ordinance for getting a decree of eviction the landlord is to decide which premises out of many is required by him bonafide. The right of bonafide ..Category: Property Law | Date: | Hits: 69
Abul Khair (Md) Vs. Pubali Bank Ltd and another, 2000, 29 CLC (AD)
.... AM Mahmudur Rahman J.- This petition for leave to appeal by plaintiff-petitioner is from the judgment and order of the High Court Division passed in Civil Revision No. 2786 of 1996 making the Rule absolute. 2. Plaintiff filed Other Suit No. 53 of 1996 for declaration and permanent injunction sta......re in a suit an application under Order 7 rule 11 is filed for rejecting the plaint on the ground that the averments made in the plaint do not disclose a cause of action for the suit the Court is not called upon to decide the suit on merit on taking evidence as submitted by the learned Advocate. It ......laint under Order 7 rule 11 and section 151 CPC stating, inter alia, that service of the plaintiff has no cause of action to file the suit to which the plaintiff filed a written objection. 4. The trial Court rejected the application The defendant bank preferred the aforesaid civil revision in th......t: Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abul Khair (Md)................................ .Petitioner Vs. Pubali Bank Ltd. and another.................. Respondents Judgment June 26, 2000. The Code of Civil Procedu..Category: Civil Law | Date: | Hits: 105
State Vs. Shahjahan, 2001, 30 CLC (AD)
....ondent Shahjahan under section 302 of the Penal Code and sentencing him to death and convicting the other accused under sections 302/109 of the Penal Code and sentencing each of them to suffer imprisonment for life and to pay fine of Taka 2000.00 in default to suffer RI for 3 months more. ......sed Mahfuzul Islam alias Rafiz along with his brother PW 7 Saiful Islam were going to catch fish in a pond by the side of their house. At that time accused Shahjahan of the neighbouring house called Mahfuz and took him to his house on the plea that he was being called by accused Akbar who w......ed to interfere with the impugned judgment. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 58. ......mdash;For the Petitioner Not represented—The Respondent. Criminal Petition for Leave to Appeal No. 61 of 1915. (From the judgment and order dated 15-8-1994 passed by the High Court Division in Death Reference No. 1 of 1992 with C..Category: Criminal Law | Date: | Hits: 55
Nuruzzaman (Md) Vs. Moazzem Hossain and others, 2001, 30 CLC (AD)
....1988 reversing those dated 5-5-1988 passed by the Subordinate Judge, Narayanganj in Title Suit No. 490 of 1981 dismissing the suit. 2. The facts, in short, are that the predecessors of the present respondent Nos. 1-4 filed Title Suit No. 493 of 1980 in the court of the Subord...... of the Civil Revision No. 1900 of 1991 before the High Court Division. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 56. ...... Narayanganj which was heard by the learned Additional District Judge, Narayanganj who by judgment dated 25-11-1990 allowed the appeal, decreed the suit and set aside the judgment and decree of the trial Court. On behalf of the defendant No. 9 the Rule in Civil Revision No. 1900 of 1991 was obtai......sp; Nuruzzaman (Md)......................... Appellant Vs. Moazzem Hossain and others.............. Respondents Judgment December 5,..Category: Property Law | Date: | Hits: 46
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
....e Code of Criminal Procedure, 1898 (V of 1898), Sections 236, 237, 238 & 337 The offence of rape could not be proved but at the same time it is proved on evidence beyond reasonable doubt that the accused- appellants committed immoral act with the woman, even though no cha...... sustainable…………….(19) Expunging Adverse Remarks Adverse remarks being extraneous to the merit of the appeals were not called for in facts of the case, such remarks are expunged……………&......ned in all 10 witnesses to substantiate the charge. PW 1 is the informant, PWs 2 and 3 are the alleged victims. 5. As already noticed, the conviction and sentence passed by the trial Court was upheld by a Division Bench of the High Court Division. 6. Mr. ......sp; Mainur Reza Chowdhury J Rajib Kamrul Hasan and 3 others ...................Appellants &nb..Category: Criminal Law | Date: | Hits: 72
Moyenuddin Torafdar (Md) & others Vs. Tamijuddin Milky and others, 2001, 30 CLC (AD)
.... The Majority Act 1875 (IX of 1875), Section 3 The plaintiff-petitioner did not file the suit within three years of his attaining majority the suit being filed challenging the solenama forty-fifty years after it was made. So whether he was minor at the time of filing of the ...... the submission. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 49 ......ossession MRR Khatian was prepared in their names. Plaintiff was not minor at that time and he and his mother put their signature and thumb impression in the solenama. The suit was dismissed by the trial Court. On appeal by the plaintiff court of appeal below dismissed the appeal. Being aggrieve...... Kazi Ebadul Hoque J Moyenuddin Torafdar (Md) & others.............................Petitioner Vs. Tamijuddin Milky and others........ ...............................Respondents Judgment &..Category: Property Law | Date: | Hits: 49
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 2001, 30 CLC (AD)
....nch of the High Court Division in FA No. 366 of 1995. The said appeal was from a judgment and decree of the Subordinate Judge, 3rd Court, Dhaka in Title Suit No. 171 of 1988. In that suit the predecessor of the respondents namely, Khairunnessa, claimed herself to be the successive heiress of one Md.......g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48....... a declaration that she was entitled to continue as a lessee therein under the petitioner. She also prayed for recovery of khas possession of the suit shop. The petitioner contested the suit. But the trial Court decreed the suit on the findings that Md. Ismail had been killed on 24 December, 1971 an......il) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Islamic Foundation Bangladesh........... Petitioner Vs. Firoz Alam and others....................... Respondents Judgment August 12, 1999. The Code of Civil..Category: Property Law | Date: | Hits: 107
Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)
....d affirming the judgment and decree dated 30-9-1989 passed by the Subordinate Judge, First Court, Dhaka in Title Suit No. 339 of 1977. 2. Khalilur Rahman, deceased predecessor of respondent Nos. 1-15, as plaintiff filed the aforesaid Title Suit against the petitioners an...... plaintiffs. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 45. ......ner of the suit property and his heirs defendant Nos.1 and 2 had right to sell the entire suit property and, as such, High Court Division acted illegally in affirming the judgment and decree of the trial Court. He further submits that from the facts and circumstances of the case it appears that ......nbsp; Nurul Islam and others.................................... Petitioners ..Category: Property Law | Date: | Hits: 64
State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)
....l Procedure. As such violation of fundamental right cannot arise since “save in accordance with law” as mentioned in Article 32 of the Constitution not only refers to criminal law but also civil law which provides for arrest and detention for recovery of decreetal dues and public due......ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ...... made contradictory statements about recognition of the accused in the TI Parade and had sworn an affidavit before the Notary Public. The truth or falsity of this document will be gone into at the trial. This affidavit cannot have any bearing at the present moment in considering the question of ......ental right cannot arise since “save in accordance with law” as mentioned in Article 32 of the Constitution not only refers to criminal law but also civil law which provides for arrest and detention for recovery of decreetal dues and public dues…………&hellip..Category: Criminal Law | Date: | Hits: 68
DG, Prisons & others Vs. Md. Nasim Uddin, 2001, 30 CLC (AD)
....p; DG, Prisons & others...........Petitioners Vs. &n......out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ......out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ......titled to a second show cause notice………………………(4) Case Referred to- Jamuna Oil Company Limited and another vs. SK Dey and another 44 DLR (AD). Lawyers Involved: ..Category: Administrative Law | Date: | Hits: 137
Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)
...."Sirajul Alam", whereas the respondent's name is "Mirajul Alam". Subsequently, the respondent's father was supplied with a duplicate copy of the said Memo. and from an internal source of the Board the respondent's father came to know that the Head Examiner had sent a report t......ation in respect of question answer Nos. 5 and 7 by making "o" into "1" and "8" into '9' respectively in violation of Examination Rules. Therefore the Board Authority called for his explanation and the Examination Committee of the Board by its resolution dated 16.1.......ee of the Board by its resolution dated 16.1.94 had come to a decision that the result of the respondent would remain unchanged and that was conveyed by the Memo dated 17.1.94. 4. Both the trial Court and the lower appellate Court in decreeing the suit held that in answer to the Board's ...... ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J Board of Intermediate & Secondary Education, Rajshahi represented by its Chairman and another....................... Petitioners Vs. Md. Mirajul Alam............ ..Category: Constitutional Law | Date: | Hits: 182
Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
....other of the testator Shusila Bala Ghose was still alive and according to the Dayabhaga School of Hindu Law, the question of inheritance of the property of Dayal Chose by his brother does not arise so long as Shusila Bala Chose is alive. As Gopal Chose could not claim any interest in dio estate ......nd of Khenta Bewa, and denied the absolute character of Khenta Bewa's tide. Therefore, his claim is not through Khenta Bewa, the testatrix, but adverse to her. In the circumstances he cannot be called a caveator under section 284 of the Succession Act, and has got no locus standi to enter in...... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ......164 ..Category: Property Law | Date: | Hits: 67
.... Nurul Amin and others...............Defendant‑Respondents
Judgment
May 23, 1995.
Result: The appeal is allowed with cost.
If there is misreading of evidence and non‑consideration of some material evidence then it was incumbent on the revisional court to consider the same and to arr......y comment.
The appeal is allowed with cost and the case is sent back to the High Court Division for disposal in accordance with law.
Ed.
This case is also reported in:47 DLR (AD) (1995) 162.
......lhet), subsequently renumbered as Civil Revision No.10022 of 1991 (Dhaka), remanding Title Suit No.251 of 1961, renumbered as Title Suit No.58 of 1962 of the Court of Subordinate Judge, Sylhet to the trial Court after setting aside the concurrent judgments and decrees of the courts below.
2. The ......:47 DLR (AD) (1995) 162.
..
Category: Property Law | Date: | Hits: 46
Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)
....e High Court Division observed in their judgment as follows: "There is no doubt that the grounds upon which the miscellaneous case was dismissed are erroneous in law. There is also no doubt that the appellant is entitled to get back the possession of the suit property as the ...... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ......eous Case No. 275 of 1992 for restitution of possession under section 144 of the Code of Civil Procedure with Title Suit No.177 of 1994 in which the appellant was a defendant after holding that the trial Court dismissed the miscellaneous case on an erroneous view of law and thereby illegally refu...... ABM Nurul Islam, Senior Advocate, instructed by Miah Abdul Gafur, Advocate‑on‑Record ‑ For the Respondent. Civil Appeal No.90 of 1994. (From the Judgment and order dated 4.9.94 passed by the High Court Division, Dhaka in Appeal from Original Order No.95..Category: Property Law | Date: | Hits: 68
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
.... Civil Appeal No.19 of 1993. (From the Judgment and Order dated 25.11.91 passed by the High Court Division in Civil Revision No.4012 of 1991 (Dhaka)/Civil Revision No. 58 of 1988 (Jessore). Judgment: ......ey never directed the plaintiff to face a Medical Board. The trial Court also found beyond any reasonable doubt that the plaintiff was actually carrying on some business at the time of his so‑called illness. His recorded address in the department was village Sowal Bathan. Post Office Bagar......f contract in the name of his firm "M/s KM Islam" during the period of absence. Several contractors complained to the office that he was conducting business while on leave. 4. The trial Court disbelieved the case of illness of the plaintiff and found that the plaintiff had some ......l) Present: ATM Afzal J Mustafa Kamal J Latifur Rahman J Judgment: April 6th, 1995. Superintending Engineer and others....................Appellants &nbs..Category: Property Law | Date: | Hits: 124
Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
....tional Sessions Judge, Gazipur in Sessions Case No.3 of 1989 convicting the appellants along with one Golap under sections 302/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for life and also convicting them under sections 307/34 of the Penal Code and sentencing eac......Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......t the eye‑witness being a child witness should not be believed in the present case, it may be mentioned that this argument was made for the first time before this Division. From the judgment of the trial Court and the High Court Division it does not appear that any argument was made challenging th......Case is also Reported in: 47 DLR (AD) (1995) 149. ..Category: Criminal Law | Date: | Hits: 49
Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)
.... 2. Respondent No.1 Hasem Ahmed Bhuiyan filed an application under section 4(1) of the Administrative Tribunal Act. 1980 for a declaration that the order of the appellant dated 31.11.1988 compulsorily retiring him from service was illegal, malafide and invalid and that he was still in service......jurisdiction in setting aside the findings of the Tribunal. 13. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 143 ...... first charge is concerned the respondent No. 1 admitted the same in writing when the incident occurred. 11. It is to be mentioned that the enquiry officer is not to follow the procedure of trial by court. In appropriate cases, the enquiry officer may arrive at a decision simply by questi......late Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Director (Establishment and Administration) T & T Board, Tele Communication Building .....................Appellant ..Category: Administrative Law | Date: | Hits: 138
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....yees insulted a Senior Officer and a Staff of the former Civil Aviation Department which was duly reported to the Chairman without any result. On the 19th February, 1987 they again started assaulting some deputationist officials on duty which incident infuriated the deputationists who went on a stri......, in the words of VR Krishna Iyer, J in the case of State of Punjab vs. Gurdial Singh, AIR 1980 (SC) 319 is as follows: "Pithily put, bad faith which invalidates the exercise of power‑sometimes called colourable exercise or fraud on power and often‑times overlaps motives, passions and satisf......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138......iluddin Sarker J Abu Taleb.................................................................Appellant Vs. Government of Bangladesh, represented by the Secretary, Ministry of Civil Aviation and Tourism and another ……………………..................Respondents Judgment June ..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
....‘Elahi Paneer Vs. Bangladesh, 44 DLR (AD) 319.  Special Reference No.1 of 1995 (Under Article 106 of the Constitution) Opinion: ATM Afzal CJ. - This is a Reference, first of its kind and somewhat unique in character, under Article 106 of the Constitution of the People's Republic of Bang......e of a person to remain a member of the Parliament and nobody has said that this matter has been a part of the "formal transaction of business" of the parliament at the moment in order that it can be called an "internal proceeding" of the House. Hamoodur Rahman CJ was considering a provision akin to...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ......Ismailuddin Sarker J (Special Reference No. 1 of 1995) Judgment July 24, 1995. The Constitution of Bangladesh, 1972, Article 106In our view, walkout, consequent period of non return and boycott, call it by whatever epithet, mean the same thing, i.e. absent as provided in Article 67..Category: Constitutional Law | Date: | Hits: 248
Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)
....y belonged to Kalipada Biswas and Hemanta Biswas, that one Shubashini Debya acquired 12 annas interest therein and she subsequently executed a Power of Attorney in favour of one Md. Abdul Gafur who sold the suit land to one Nurul Huda on 26.7‑1951 by a registered deed, that Nurul Huda being......r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ......‑5 who sold the suit land to defendant No.12 on 27.3.1974. He (defendant No. 12) claimed possession in the suit land denying the case of both the plaintiff and defendant No. 7. 4. The trial Court dismissed the suit upon disbelieving the plaintiff's claim of alleged title and possess......t. Md. Fazlul Karim, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondent. Civil Appeal No. 24 of 1994. (From the judgment and order dated 2.12.1993 passed by the High Court Division in Civil Revision No. 3823 of 1991). ..Category: Property Law | Date: | Hits: 47
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