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Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)

....on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ......mocratic Constitution but successful working of it requires that those responsible to make the democracy successful should discharge functions in accordance with the Constitution and the law of the land. 109. In order to make a democracy successful election of the representatives in a free......ed judgment and order. The parties will bear their respective costs. Ed. ...... of the High Court Division in Writ Petition No. 9180 of 2005. 31. Both the writ petitions were disposed of by the same order. As the two appeals arose out of common fact and involve common question of law the same are disposed of by this single judgment. 32. In Writ Petition No. 9..

Category: Election Law | Date: | Hits: 159

Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)

....Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ...... Single judgment. 4. The facts revealed in the leave petitions, in short, are that the convict Aynul Sheikh (not appellant before us) started digging a drain through the middle of the land of one Abdul Gafur Sheikh by damaging his onion crops on 28-1-1996 at about 3-30 PM and so Abd......Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ..

Category: Criminal Law | Date: | Hits: 42

AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)

.... Satkhira, on 4-4-1999 submitted report before the learned Senior Assistant Judge, Sadar, Satkhira alleging, inter alia, that he along with others went to Katiya Mouza in order to give delivery of possession of the suit property in execution of Title Execution Case No. 6 of 1998, but the accused......ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ...... Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ......ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 46

Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)

.... absolute owners. As identity of owners of the Company and the land in schedule was same, the land was transferred by the owners to the Company in late 1964 by an unregistered document of sale and possession of the land was delivered to the Company immediately. The Company raised pucca construct......ies and acquired valuable immovable properties at different places within the then East Pakistan including a property at Paribagh, Dhaka which is fully described in the schedule of the plaint. The land as described in the schedule of the plaint originally belonged to the proforma-defendant-respo......me Court Appellate Division (Civil) Present: KM Hasan CJ Md Fazlul Karim J Md Tafazzul Islam J Paper Converting & Packaging Ltd.................. Petitioner Vs. Government of the People&rsq......aribagh was not the property of the company and cannot be treated as assets of the said company as the same was transferred by a deed of perpetual lease by the respondent No. 6 and, therefore, the question of annexing the property in the schedule of the agreement does not arise. The property at ..

Category: Procedural Law | Date: | Hits: 93

Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)

....edom to do as one likes. That is the denial of liberty, and leads straight to its overthrow. A society in which men recognize no check upon their freedom soon becomes a society where freedom is the possession of only a savage few; as we have learned to our sorrow", (see pages 189-190 Spirit of L...... 747, Kadnon vs. U.S; (1959) AC 259 D.J. Francis Douglas Liyanage Vs. The Queen; (1965) A.C.P. 190; 1965 (AC) 172 Bribery Commissioners vs. Pedrick Ranasinghe; (1919) 64 Law Ed. 946 State of Rhodes Island vs. Metchar Palmer; US 2 Law Ed 5-8 page 135 Marbury vs. Maddison; US 4 Law Ed. 579 McCulloch v...... Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......usion and uncertainty is the resulting' factor of the impugned amendment and the rules framed thereunder 39. Mr. Khondaker Mahbubuddin Ahmed, appearing, as Amicus Curiae, raised some pertinent question as to the purpose of the amendment itself. He pointed out that these permanent Benches orig..

Category: Constitutional Law | Date: | Hits: 1934

Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)

.... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157...... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157...... Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157......te of Punjab reported in AIR 1957 (SC) 637, the Indian Supreme Court considered the implication of such omission. It was observed '"Unfortunately, in his examination under section 342 of the code, no question had been put to Sarwan Singh about these shoes. It is not unlikely that Sarwan Singh may ha..

Category: Criminal Law | Date: | Hits: 159

Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)

....he suit they may do so and it will be disposed of in accordance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ......he suit they may do so and it will be disposed of in accordance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ......d of in accordance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ......, Advocate-on-Record —For the Respondents No. 1-5. Not represented-Respondent Nos. 6-11. Civil Appeal No. 75 of 1985 Judgement ATM Afzal J.— This is a plaintiffs' appeal by leave. The question raised is whether the High Court Division was justified in summarily rejecting the appellan..

Category: Procedural Law | Date: | Hits: 110

Abul Kashem and others Vs. State, 1989, 18 CLC (AD)

....nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......d persons on the other. He denied the defence suggestion that he had got civil cases also with Monoranjan, but when pressed hard by the defence, he said that both he and Monoranjan had purchased some lands from one Monorama Kuri and her mother Benodini, that Monorama Kuri filed Misc. Case No. 69 of ......directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......ney-General, instructed by M.R. Khan, Advocate-on-Record — For the Respondent. Criminal Appeal No. 32 of 1986. Judgement: Shahabuddin Ahmed J. — This appeal by special leave calls in question the propriety of conviction and sentence of the appellants under sections 302/34 and 364 of..

Category: Criminal Law | Date: | Hits: 57

Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)

....ce in the nearby Plot No.3833/4166 which had been purchased by appellants Ramjan Ali and Lokman Ali, sons of appellant Budhai, from its owner, Mahamaya, 3 years before the incident and was in their possession, that they grew Irri paddy there, that Bazlur Rahman purchased Plot No. 3834/4168 two mon......illage Karanshi, P.S. Itna in the District of Kishoregonj. His elder son, Bazlur Rahman, the deceased, lost his life in that incident. 4. Bazlur Rahman had purchased, along with P.W.3 Abu Taher, a land measuring 120 decimals from one Ramlal Das by a registered kabala in the month of Poush, 1368 B......ained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......ement and order dated 4 August 1985 passed by the High Court Division, Dhaka, in Criminal Appeal No. 132 of 1983). Judgement: Shahabuddin Ahmed J. — This appeal by special leave calls in question an order of the High Court Division, dated 4 August 1985, confirming in appeal, an order of..

Category: Criminal Law | Date: | Hits: 49

Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)

....here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......ioning letter? Clause 14 reveals the nature of such proposal. It is not an offer. It is simply intimation to the borrower that he must fulfill certain conditions before a contract is concluded. In England, “the distinction is sometimes expressed in judicial language by the contrast of an "offer" w......this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......t under P.O. No.7 of 1973 and found that the Circular of the Ministry of Finance dated 20.1.81 was issued without any lawful authority. The rule was discharged. Leave was granted to consider the question whether (a) in pursuance of provision in the mortgage deed whether the corporation could ..

Category: Property Law | Date: | Hits: 41

Syed Nizamuddin Mohsin Vs. People's Republic of Bangladesh, 1989, 18 CLC (AD)

....t.1 which was registered. The plaintiff possessed the suit land, paid rent but it again went under water in 1362-63 B.S. only to reappear again in 1374 B.S. since when the plaintiff claims to be in possession. The Suit land was, however, recorded in S.A. Khatian in the name of the Government and r......f 1951), section 86(1) (2) (3) as amended by the State Acquisition and Tenancy (Fourth Amendment) Order, 1972 (President's Order No. 135 of 1972) dated 4.11.1972. The plaintiffs’ claimed that the land reformed in situ. In view of the clear finding that the plaintiff’s right was never recognise......ssed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......Advocate-on-Record — For the Respondent No.1. Respondent No.2: Abated. Respondent No. 3: Ex-parte. Civil Appeal No. 87 of 1984 Judgment: A.T.M. Afzal J.— In this appeal by leave, the question for consideration is whether the plaintiff-appellant was non-suited upon a correct view o..

Category: Property Law | Date: | Hits: 42

Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)

....11(g) of the T.P. Act. Under this section a tenancy may be determined if the tenant violates any expressed condition of the tenancy stated in the agreement of tenancy. Continuation of the appellant's possession of the premises on expiration of the period of the tenancy on 31.12.83 is not unauthorise......ition of the tenancy stated in the agreement of tenancy. Continuation of the appellant's possession of the premises on expiration of the period of the tenancy on 31.12.83 is not unauthorised, for the landlord consented to this possession, but on a condition for the fulfillment of which no time was s......without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135......th him) instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Respondent. Civil Appeal No. 4 of 1988. Judgement: Shahabuddin Ahmed J. — This appeal by special leave calls in question a decree for ejectment of the appellant-tenant, passed by the Subordinate Judge and mai..

Category: Property Law | Date: | Hits: 45

Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)

....egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......ecutive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......t about the time when the meeting of the selection board was in progress. The Chief Engineer obviously held poor opinion about the appellant not only in 1985 but in 1982-83 also when there was no question of promotion. And there cannot be any question that the Chief Engineer was entitled to ..

Category: Employment/Service Law | Date: | Hits: 89

Samiruddin Ahmed alias Samir Mia alias Md. Samiruddin Vs. State, 1987, 16 CLC (AD)

....ct, 1877 (1 of 1877), section 54 An order of injunction in respect of the disputed property from a competent civil court is pending against Abdul Majid. The said order pre-supposes the appellant's possession of the case holding and so long the order of the Civil Court was there and determination ......d the suit (T.S. 233/78) against Abdul Majid for permanent injunction in 1978 and obtained ad-interim injunction on 5.4.78 by which the said Abdul Majid was restrained from entering into the suit land. The suit itself has been decreed on 19.1.84 after the trial was over. The appellant's possessi......sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ......tent civil court is pending against Abdul Majid. The said order pre-supposes the appellant's possession of the case holding and so long the order of the Civil Court was there and determination of the question of possession without reference to the order of the Civil Court would be clearly untenable ..

Category: Criminal Law | Date: | Hits: 59

ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)

....e lease of the suit land by defendant Nos. 1 to 3 is illegal, without jurisdiction, collusive and not binding upon the plaintiff and for permanent injunction restraining the defendant from giving possession to defendant No. 3. Her case was that she purchased the suit land from one Gopal Chandr......9 was illegal and void. 3. Facts are as follows:-Plaintiff filed a title suit being Title Suit No. 198 of 1979 in the Second Court of Munsif, Chandpur, for a declaration that the lease of the suit land by defendant Nos. 1 to 3 is illegal, without jurisdiction, collusive and not binding upon the......ismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......Haider Chowdhury J. — This appeal by special leave is directed against the judgment and order of the High Court Division in Civil Revision No. 175 of 1984. 2. Leave was granted to consider the question whether the High Court Division has erred in law in upholding the decree that was passed by..

Category: Property Law | Date: | Hits: 56

Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)

....rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......o. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ...... that the three members who took part in no-confidence proceedings being acting Chairmen were not representative members and as such they were not eligible to cast vote in favour of the resolution in question. Accordingly the rule was made absolute, and it was declared that the removal resolution ..

Category: Election Law | Date: | Hits: 128

Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)

....ift of the suit land to them by executing the Hiba-bil-Ewaz deed on 22.1.75, that the daughters presented a piece of Holy Koran to their father in exchange of the suit land and that they have been in possession of the land since the gift was made to them. 5. The learned Munsif decreed the suit up......�…........... Respondents Judgment September 1, 1987. Remand The appellant bringing the suit challenging the deed of gift revealing lateron that the appellant purchased a portion of the land from the donee and the appellant disowning such document and such contention of purchase and de....... There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113......vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113..

Category: Property Law | Date: | Hits: 33

Iqbal @ Salim Vs. State, 1989, 18 CLC (AD)

....lant will continue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ......lant will continue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ......ion of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ......ant. A. W. Bhuiyan, Additional Attorney-General, instructed by A. W. Mallik, Advocate-on-Record—For the Respondent. Criminal Appeal 7 of 1988. Judgement: Shahabuddin Ahmed J. — The question in this appeal by special leave is whether the bail granted by the High Court Division un..

Category: Criminal Law | Date: | Hits: 53

Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)

....o. 273 of 1937 of the Second Court of Munsif, Chandpur. Jadhulal Banikya, son of Jugal Chand, purchased the land as benamdar of the plaintiff by a registered kabala dated 12 August 1947 and went into possession. The land was under requisition by the Government from 1949 to 1976; part of the requisit.............................Respondents Judgment August 10, 1988. The Specific Relief Act, 1877 (1 of 1877), Section 42 The plaintiff-appellant do not have exclusive title over the entire suit land. On the contrary greater part of the suit land is in fact enemy and vested property. The plaint......ut however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ......Advocate, instructed by A. W. Malek, Advocate-on-Record—For the respondent Nos. 7-9. Civil Appeal No. 93 of 1985. Judgement: Shahabuddin Ahmed J.— In this appeal by special leave the question raised is whether the plaintiff-appellant's suit for declaration that Vested Property Case ..

Category: Property Law | Date: | Hits: 75

Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)

....that the respondent No. 1 Ishaque Ali, since deceased, and substituted by his heirs, brought Title Suit No. 34 of 1962 in the court of Munsif, Sylhet for declaration of title and recovery of khas possession. The suit was decreed on 9.2,62. An appeal against the said decree was dismissed on 20.......dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104......id terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104......dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104..

Category: Civil Law | Date: | Hits: 106

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