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Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....trict Judge, First Court 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 s......ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ...... Act is limited only to cases where the trust is an un‑disputed and executable one. In this case the creation, validity, existence and excitability of the trust itself is being disputed. The trial Court correctly held that if the miscellaneous case is proceeded with, conflicting decisions ......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..Category: Property Law | Date: | Hits: 76
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....day, the plaintiff informed of the occurrence to the appellant by a letter dated 13.10.90 and requested the appellant to survey the damages and pay the compensation. On 14.10.90 the appellant sent some claim forms which the plaintiff duly filled in and deposited to the appellant on 25.10.90. Off......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......quot; 4. The plaintiff examined witnesses including himself and the appellant also examined 4 witnesses. Both sides brought on record many documents which were marked as exhibits,5. The trial Court found that the fact of taking out of the fire policy and the fact of fire and resulting...... 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..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Munern Chowdhury @ Momen Vs. State, 1995, 24 CLC (AD)
....rongly rejected ignoring the age of the petitioner as entered in the registration card produced by him. 3. Under section 66 of the Children Act it is for the Court to consider whether a person charged with an offence and brought before it for trial appears to be a child or not and then t....... 5. There is thus absolutely no reason to interfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ......p; ATM Afzal J: This accused‑petitioner who claims to be a child within the meaning of the Children Act, 1974 is facing trial along with others in Sessions Case No. 14 of 1994 in the Court of Additional Sessions Judge, ......Ali, Advocate‑on‑Record‑ For the Petitioner. Not represented ‑For the Respondent. Criminal Petition for Leave to Appeal No. 13 of 1995. (From judgment and order dated 4th December, 1994 passed by the High Court Division, Dhaka in Criminal Revision No..Category: Criminal Law | Date: | Hits: 66
Yakub Ali Vs. State, 1995, 24 CLC (AD)
....tion of power by the Police which appropriately belonged to the Magistrate under Chapter XVI Cr.P.C. and the proceeding based on such Police report was illegal and liable to be quashed. For the reasons already stated the contention of Mr. Karim is not sustainable. The case was never proceeded wi...... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ......section 302 of the Penal Code. The Magistrate takes cognizance under section 200 Cr.P.C. for the purpose of making enquiry/ investigation into the offence alleged and not for the purpose of holding trial in every case of which he takes cognizance. If a case is found to be exclusively triable by t......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..Category: Criminal Law | Date: | Hits: 62
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
....) (1995) 92 ......ried Velua Khatun. After two months of the marriage one day he found his bed wet. He interrogated his wife and carne to believe that she had illicit relationship with Seraj. On the following day he called a Salish which was attended by deceased's elder brother, maternal uncle Nadir Hossain, the ......er wearing saree and his own old lungi inside a bush of the garden of his father‑in‑law and kept the dao in one coiner of his hut. 5. The prosecution produced 12 witnesses at the trial out of whom PW 10 was only tendered for cross‑examination. The witnesses are mostly for......ellant. M Shamsul Alam, Deputy Attorney‑General, instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Respondent. Jail Appeal No.1 of 1994 (From the Judgment and Order dated 11 January 1994 passed by the High Court Division, Dhaka in Death Reference No. 2 o..Category: Criminal Law | Date: | Hits: 73
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....ection 6(l) of the Bangladesh Oil, Gas and Minerals Corporation Ordinance, 1985 (Ordinance No.XXI of 1985). On 3 December 1989 the appellant made an application to the President of Bangladesh for absorption/ appointment as a permanent employee of the Corporation. He was absorbed/ appointed "......Order an ex‑officer of the Defence Services, who is holding any post or office as Chairman, member, director, including managing director, or trustee of the governing body, by whatever name called of any local authority shall, subject to the other provisions of this Order, be deemed to......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ...... 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. ..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....ion and after liberation his where about was not known and the case property vested in the Government as abandoned property under President's Order No. 16 of 1972 and the same had been under the absolute control, management and supervision of the Government through different allottees. The appel......ate of publication of the list in the official Gazette, in which the vesting in, or possession of, the Government of the building as abandoned property under the President's Order has ken called in question in any manner whatsoever or any prayer has been made for return, restoration ......rnment asserted in its written statement that the disputed building is an abandoned property and has been under the management, control and supervision of the Government through its allottees. The trial Court in its judgment considered the question of maintainability of the suit and found that d...... 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..Category: Property Law | Date: | Hits: 86
Hasan Ali and others Vs. State, 1995, 24 CLC (AD)
.... were convicted by Special Tribunal and Assistant Sessions Judge, Kurigram, under section 15 of the Special Powers Act and sections 431, 143 and 447 of the Penal Code and sentenced to rigorous imprisonment for two years along with fine or Taka 500.00 indefault to imprisonment for 3 months more, ......ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ......able or less safe for traveling", punishable under section 431 of the Penal Code. 3. Mr. Abdul Momin Talukder, learned Advocate for the appellants, has referred to the judgments of the trial Court and the appellate Court which show that the road was "partially damaged"; but...... Appellate Division (Criminal) Present : Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hasan Ali and others ...............................Accused‑Appellants Vs. State…&h..Category: Criminal Law | Date: | Hits: 60
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....nt‑ Bangladesh Parjatan Corporation is from the judgment and order dated 22.10.91 passed by a Division Bench of the High Court Division in Writ Petition No. 128 of 1987 making the Rule Nisi absolute. 2. The respondent, who was an Assistant Commercial Officer of the Corporation, was ......nt's Order No. 143 of 1972). The Government framed the Bangladesh Parjatan Corporation Service Rules. 1980, on 12.11.80 which were published in the Bangladesh Gazette Extra on 12.11.80. Hereinafter called the said Rules. Rule 59 thereof provides that "an Officer or employee on whom punishme......nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ......ecord -For the Appellant. A Rab Chowdhury, Advocate instructed by ANM Manjurul Hasan Advocate- on- Record- For the Respondent. Civil Appeal No. 24 of 1993 (From the Judgment and Order dated 22.10.91 passed by the High Court Division in Writ Petition No. 128 of 1987). ..Category: Employment/Service Law | Date: | Hits: 134
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....the name of 'Elahi Timber' at Biswanath Bazar with a view to Like forcible possession thereof and in course of the occurrence there the accused opened gun fire which resulted in the death of two persons, namely, Mahabbat Ali and Jamshed Ali. This First Information Report gave rise to GR Case No.......t the records of the hospital showed that Mokhlesur Rahman was admitted in the hospital after his injury caused by the present petitioners. This shows and there are observations in the so‑called further investigation report which amount to a final report that the Assistant Superinten......s in the same case which was done by the Assistant Superintendent of Police Criminal Investigation Department in collusion with the main accused, a situation was created cleverly in which the trial of accused Mukhlesur Rahman and others for an offence of double murder cannot proceed and, at...... Present: Shababuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Afia Khatoon ........................Petitioner Vs. Mobasswir Ali and others............................Respondents Judgment July 13th, 1994. Law..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....259; Emperor vs. Shibnath Banerjee, AIR 1943 (FQ 75; Malik Gholam Mani vs. Government of West Pakistan, 19 DLR (SC) 403; Mir Abdul Baqi Baluch vs. Government of Pakistan, 20 DLR (SC) 249; Messrs Faridsons Ltd. vs. Government of Pakistan, 13 DLR (SC) 233. Lawyers Involved: M Shamsul Alam, Depu......ak people of Bangladesh and actually distributed this currency inside Bangladesh; 5) In order to wage an armed struggle against Bangladesh the detenu purchased ten modern firearms from the so‑called Shanti Bahini and lastly; 6) With the object of furthering the aims of Shadhin Banga‑Bh......on to say, "that the intention of the Constitution is that the grounds to be furnished under Fundamental Right No.5 should be set out with the particularity and exactness of a charge of a criminal trial." 21. These are then the general guidelines to be kept in view for testing the grounds s......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- ..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....Khondkar who resides in Dhaka, and whenever he visited Bangladesh he stayed in the house of Asgar Hossain. Asgar Hossain is a distant relation of the defendant appellant, who is a senior professor of Dhaka University, and through Asgar Hossain the appellant developed intimacy and deep frien......(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......te Judge decreed the suit. On appeal, the High Court Division thoroughly reassessed the evidence, considered the facts and surrounding circumstances of the case and concurred in the findings of the trial Court and dismissed the appeal. 6. The appellant in his leave petition, challenged al......al J Latifur Rahman J Quazi Din Mohammad......... …………………….Defendant‑Appellant Vs. Al‑haj Arzan Ali and another.................. Plaintiff‑Respondents Judgment July 11 th 1994...Category: Property Law | Date: | Hits: 69
Haider Ali Khan vs. State, 1995, 24 CLC (AD)
....nbsp; ATM Afzal J: The accused‑petitioner was convicted by a Magistrate, Second Class, Savar, under sections 448, 380 of the Penal Code, and sentenced to rigorous Imprisonment for 6 months and a fine of Taka 500.00, in default to further rigorous imprisonment for one......ass the order of conviction and sentence. 5. There is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ......se and the learned Thana Magistrate acted illegally and without jurisdiction in taking cognizance of the said case. 3. The submission is clearly an after‑thought in that neither in the trial Court nor before the High Court Division, this point was raised disputing the jurisdiction o......; ATM Afzal J: The accused‑petitioner was convicted by a Magistrate, Second Class, Savar, under sections 448, 380 of the Penal Code, and sentenced to rigorous Imprisonment for 6 months and a fine of Taka 500.00, in default to furth..Category: Criminal Law | Date: | Hits: 74
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....i, subsequently in SA Khatian Nos. 729 and 1721, were auction purchased by Aswini Kumar Dhar, Indra Bala Dhar and Jogesh Chandra Dey in equal shares. On 14 November 1969 Manzur Murshed, the predecessor of plaintiff Nos. 1 and 2 purchased the 1/3rd share of Indra Bala Dhar. On 25 February 1970 the......er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ......purchasers are not entitled to get any possession. She paid rent to the Government and tax to the municipality but the dakhilas and tax‑receipts were looted during disturbance. 5. The trial Court dismissed the suit on the ground that it was barred by res judicata and not maintainable......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..Category: Property Law | Date: | Hits: 51
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
...., 1994. Result: The decree is dismissed. 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 ......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. ...... that he purchased from the heirs of Aser Mondal. 4. In decreeing the suit in preliminary form against defendant No. 12 and in presence of defendant No. 13 and ex parte against the rest, the trial Court considered the deed of gift Ext. 1 and accepted the same as a gift proper. It found howe...... 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..Category: Property Law | Date: | Hits: 146
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
....sister. Their parents were married on 30.6.61 at Bogra. At the time of marriage their mother Syeda Begum was serving as an Inspector of Customs and Excise and their father Syed Mohammad Azam was also serving an Inspector of Customs and Excise. On 22.1.63 the appellants father Syed Mohammad Azam ...... 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 ......erformance 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 passed in favour of re...... 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,..Category: Property Law | Date: | Hits: 62
State Vs. MA Malik, 1995, 24 CLC (AD)
....ainst the respondent and his relations alleging that it transpired shortly after their marriage that the respondent was a greedy man of loose moral character. At the instigation by other accused persons he put pressure upon her to bring dowry of Taka one crore from her father and started threate......s noticed that the respondent had filed similar applications for ball some time before, one of which was rejected as not pressed and the other was rejected because none appeared when the matter was called for hearing. Thereafter the present application was filed on 22.8.1994 upon which the impug......onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ...... Kh. Mahbub Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 108 of 1994. (From judgment and order dated 28th August, 1994 passed by the High Court Division, Dhaka in Criminal Misc. Case N..Category: Criminal Law | Date: | Hits: 64
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....here. The main question is, whether the inclusion of the land of the appellant's approved lay‑out plan in the land going to be acquired under the two LA proceedings is hit by the doctrine of "promissory estoppel" and or, whether such inclusion originated from any mala fide act on the part of the, ......otice upon the appellant though the appellant had been in possession of a major part of the land since 1983. In these circumstances, the appellant made a representation to the President who thereupon called for a report. Report came and it is dated 12 November 1989 (Annexure‑D) signed by the DIT"s......arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ...... 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 ..Category: Property Law | Date: | Hits: 79
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
.... and fact in refusing to quash the criminal proceedings against die accused‑appellant in Special Case No. 57 of 1993, now pending in the Court of Special Judge, Chittagong. The said proceedings was sought to be quashed by the appellant in Criminal Revision No. 1768 of 1992 taking the grounds that ......found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ......arged the Rule issued earlier on the said revisional application observing that at this stage the question of mala fide intention could not be determined which can be done only on evidence during the trial. 2. Facts of the case are, that the appellant was a member of Parliament in 1987‑88, elec......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)..Category: Criminal Law | Date: | Hits: 76
Abdul Motaleb and others Vs. Shahed Ali and others, 1995, 24 CLC (AD)
.....93. Consequent thereto, this application for amendment of the final decree was filed under section 152 of the Code of Civil Procedure claiming Saham not only in "Kha" Schedule land but also in "Ka" Schedule land by way of amendment of the plaint. The executing Court refused ...... for the petitioners, could not show any error of law in passing the impugned order. 4. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 09 ...... for a separate Saham according to the plaint case and, consequently, Saham was allowed on 29.4.84 as the plaintiff and other defendants did not raise any objection for granting of such Saham, The trial Court granted Saham to the extent of 29 decimals of land out of "Kha" schedule prop......urt Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Motaleb and others....................... Defendant‑Petitioners Vs. Shahed Ali and othe..Category: Property Law | Date: | Hits: 64
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