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Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
.... and others...............Respondents Judgment July 13th, 1994. Cases Referred to- Abdul Jalil Munshi vs. Abu Bakar Siddique, 35 DLR (AD) 42 at para 12; Daniel vs. Ferguson (1891) 2 Ch. 27 and Von Jeel vs. Hornsey (1895) 2 Ch. 774; 35 DLR (AD) 42. Lawyers Invo......nation, namely, whether the appellants and defendant‑respondent No. 2 had flouted the Court's order even after coming to know of the Court's order of status quo allegedly on 27.10.90, Is not called for, although it is clear from the lower appellate Court's judgment that even after the fina......asting whereas the first Advocate Commissioner in his report dated 22.10.90 stated that only some pillars were partly constructed at that stage upto a few feet. The judicial anger and wrath of the trial Court on such a flagrant and contumacious violation of the Court's order runs through its ela......urt Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Babul Kanti Das and others....................Appellants Vs. Abul Hashem and others...............Res..Category: Civil Law | Date: | Hits: 106
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....- This appeal by leave of the plaintiff appellant is from the judgment and order dated 9-6-94 passed by a Division Bench of the High Court Division in Civil Revision No.1350 of 1993 making the Rule absolute and setting aside judgment dated 6-2-93 passed by the 2nd Court of Subordinate Judge Sylhet a...... Judge to the 2nd Court of Subordinate Judge, Sylhet and for analogous hearing of the two title suits, which gave rise to Miscellaneous Case No.17 of 1991 registering which the learned District Judge called for the records of both the suits and upon the prayer of the appellant passed an order of tem...... by collusively changing bainapatra the area to be sold was shown as 1.09 acre. The appellant trespassed into the suit land and the suit was false. 4. In June, 1986 both sides adduced evidence the trial of the suit. But at the time of argument the defendants’ lawyer pointed out that summons and...... Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Khaledur Reza Chowdhury (Md)……………………………………………..Appellant Vs. Saleha Begum and others…………………….Respondents Judgment August 14, 1996. Result: The ap..Category: Property Law | Date: | Hits: 59
AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)
....onduct under section 5(2) of Act II of 1947 in Special Case No. 7 of 1991, Special Case No. 11 of 1992 and Special Case No. 19 of 1993 and sentenced to suffer 3 years, 7 years and 3 years simple imprisonment respectively thereunder. At the time scrutiny the petitioner filed objection before responde......ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ......ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ......r Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J AKM Mayeedul Islam………………………………………………….Petitioner Vs. Bangladesh Election Commission and others ……………Respondents Judgment June 5, 1996. Result: The petition is di..Category: Election Law | Date: | Hits: 133
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
.... Judgment Mustafa Kamal J: This appeal by leave by the complainant-appellant is from the judgment and order dated 4-5-92 passed by a Division Bench of the High Court Division making the Rules absolute in Criminal Revision Nos. 371 of 1989 and 490 of 1990, thereby setting aside the order dated ......sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ...... applications which are not part of prosecution materials. Those are the defences of the respondent which he has a right to adduce if and when a charge is framed against him and if he has to face the trial. A Criminal proceeding cannot be quashed on the basis of defence materials which are still not......ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Rahela Khatun ……………………………….Appellant Vs. Abul Hassan and others……………………….Respondents Judgment August 6, 1996. Resul..Category: Criminal Law | Date: | Hits: 85
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....dant with the above averments on 20 November 1978. The said suit was subsequently renumbered as SCC Suit No. 1 of 1981. 4. The defendant pleaded that he took the suit premises on rent from the two sons of Mojiruddin from whom he subsequently purchased the same by two registered kabalas dated 7 Ap......der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ......gle Judge of the High Court Division in Civil Revision No. 6930 of 1991 (Dhaka) setting aside the judgment and decree dated 15 July 1985 passed by the Small Cause Court Judge, Bogra and directing the trial Judge to return the plaint to be presented to ‘a Court having jurisdiction’. The heirs of ......6) 205 ..Category: Tenancy Law | Date: | Hits: 87
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
....tional Shipping Corporation which came to be known as Bangladesh Shipping Corporation with the emergence of Bangladesh. In 1982 he was the Secretary of the organisation. On certain allegations by some members of the Officers’ Association of which he was the General Secretary and also Pres...... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ......t took an appeal, Title Appeal No.223 of 1989, therefrom to the learned District 3 Dhaka. The appeal was heard by the learned Additional District Judge, First Court, who upheld the decision of the trial Court, by the judgment and decree dated February 17, 1991. 7. The unsuccessful defenda......18 of 1994] Government of Bangladesh………………….…….Petitioner [In Civil Petition No. 39 of 1994] Vs. Rakibuddin Ahmed and others……………………Respondents Judgmen..Category: Employment/Service Law | Date: | Hits: 77
Delwar Hossain Khan (Md) Vs. Dhaka Club Limited and another, 1996, 25 CLC (AD)
....terlocutory matter in the higher Court, except observing any direction that may be contained therein. With the above observations the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 198 ......cept observing any direction that may be contained therein. With the above observations the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 198 ......t binding upon the plaintiff being void and malafide. The petitioner filed an application for injunction restraining the defendants from giving effect to the order of suspension dated 24.8.95. The trial Court granted an ad interim order of injunction, but after hearing both sides disallowed the ......sain Khan (Md)…………………………………………… Petitioner Vs. Dhaka Club Limited and another……………………………&..Category: Property Law | Date: | Hits: 65
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....tions, filed Civil Appeal Nos.76 and 77 of 1993, against the impugned judgment and order passed in the two writ petitions that were, however, barred by 16 days each. 3. The Government was also made a respondent in the writ petitions which contested the same by filing separate affidavits-......d Judgment and order dated 11 August 1993 passed in Writ Petition Nos. 321 and 561 of 1987, the High Court Division declared the Note-Books (Prohibition) Act, 1980 (Act No. XII of 1980), hereafter called the Imp Act, to be ultra vires of Article 39(2) of the Constitution and accordingly, struck ......sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ......urt Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bangladesh National Curriculum and Text-Book Board…………. Appellant (In Civil Appeal Nos. 76 & 77 of..Category: Intellectual Property Law | Date: | Hits: 279
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....te Division (Civil) Present: 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…&hellip......; employees. On the expiry of the tenure of a temporary Tribunal, the incumbents thereof are not ‘re If during the continuity of this Tribunals, they are discharged as surplusage they may be called “retrenched” employees. The writ petitioners do not fit in with the concept retr......Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ......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..Category: Constitutional Law | Date: | Hits: 161
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....minal Law Amendment Act, 1958 (Act No. XL of 1958), briefly, the Act. 2. Facts of the case, briefly, are that the appellant who is a former Member of Parliament and President of the District Bar Association, Dinajpur filed a petition of complaint before the learned Senior Special Judge, Dinajpur ......the substance of the grievance of the appellant is that the learned Special Judge committed a two-fold wrong-(1) in not having acted in terms of the proviso, to section 6(5) of the Act and (2) having called for a report, of all persons,. from the ASP when senior officers above him were complained ag......earned Special Judge was bound to forward the petition of complaint to the Provincial Government, and, if he heard nothing from such Government for a period of sixty days, he should have proceeded to trial on the presumption that sanction was accorded by the said Government. 15. The learned Addit......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..Category: Anti-Corruption Laws | Date: | Hits: 92
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
.... This appeal by the plaintiffs following leave is from judgment and order dated 6 March 1986 passed by a Single Judge of the High Court Divisions in Civil Revision No.420 of 1985 making the Rule absolute and holding the Title Suit No. 245 of 1985 of the 3rd Court of Subordinate Judge, Dhaka abat......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 ......MR 257 referred to the said rule and followed it. In that case substitution was made in the course of the appeal arising Out of dismissal of the prayer for temporary injunction in the suit and the trial Court upon recommencing the trial after the disposal of the appeal ordered that the whole sui...... 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..Category: Property Law | Date: | Hits: 70
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....uo;s Office under District Patuakhali. The proceeding land originally belonged to one Mahendra and correctly recorded in his name in the State Acquisition Khatian Nos.600 and 697. The said Mahendra sold the proceeding land along with his other lands to one Tozambar Ali of the same village, and a......sideration of all the witnesses adduced by the appellants in the case. 9. In view of the leave granted by us and the findings of the Courts below on the vital question of limitation, we are called upon to reappraise the material evidence on record to arrive at a correct decision in the ca......f knowledge is false and collusive only to avoid limitation and the alleged informer Sekander Ali is the uncle of Lahajuddin Howlader, the pre-emptor, living in the same homestead. 4. During trial besides proving some documentary evidences, 3(three) witnesses were examined by the pre-empt......ivision Civil Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdul Mazid Howlader and another……………..Pre-emptee-Appellant Vs. Lahajudd..Category: Property Law | Date: | Hits: 60
Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)
....ferred to the Court of Subordinate Judge, Satkhira and renumbered as Title Suit No.5 14 of 1981. Amongst other defendants defendant No.15 filed a written statement stating, inter alia, that he has sold some of the suit land to the appellant and others whereupon respondent No.1 impleaded those pu......igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ......rker J: This appeal by leave by defendant No.36 appellant raises a question of law as to whether the High Court Division was justified in interfering in revision with a finding of fact made by the trial Court in a proceeding under Order IX rule 13 of the Code of Civil Procedure as to non-service...... Md. Abdur Rouf J Md. Ismailuddin Sarker J Wazed Ali Sardar (Md)……… …………… Appellant vs. Md. Afsaruddin Sardar and others……………...Respondents Judgment July 5, 1995..Category: Procedural Law | Date: | Hits: 133
Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)
....llowed and the suit was decreed. Against the aforesaid judgment and decree the defendant preferred Civil Revision No. 989 of 1993. A learned Single Judge of the High Court Division made the Rule absolute after setting aside the appellate judgment and decree and dismissed the plaintiff’s su......the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ......Judgment: Latifur Rahman J: The plaintiff filed OC Suit No. 60 of 1991 in the Court of Assistant Judge Ulipur Kurigram. The said suit as dismissed by the trial Court. Against the aforesaid judgment and decree the plaintiff preferred Other Appeal No. 30 ...... Roy Choudhury J Abul Bakar Siddique (Md) …………………………..Petitioner Vs. Additional Deputy Commissioner, Kurigam and others………………………..Respondents ..Category: Property Law | Date: | Hits: 63
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
....esh or India. The nearest place of repair was in the port of Singapore or Korea or Japan. The ship had no power of her own. She had to be towed to any of those places for repair. To keep her afloat some repairs were needed to be done locally as well. The plaintiff was advised that while towing th......, same as Exts, E(2)-E(4) by the defendant, but the Admiralty Court held that the said telexes “cannot be taken as admissible and conclusive evidence for market value of the vessel as the so-called experts are not before this Court and cannot be put to cross-examination. However, it was th...... 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……………………………&..Category: Business or Commercial Law | Date: | Hits: 151
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....lord tenant between them. The defendant is an unauthorised occupant and liable to be without any notice. 3. The suit premises is required by the plaintiff for his own use and occupation, two sons are engaged in business. The refused to vacate the suit premises in spite of several requests ...... defendant’s own case he was a defaulter and the plea of bona fide requirement of the plaintiff having been accepted by the trial Court, the decree passed in the suit was quite justified and called for no interference by the High Court Division. 9. We shall come to the pleading late...... admittedly the plaint was not happily drafted but even then on the defendant’s own case he was a defaulter and the plea of bona fide requirement of the plaintiff having been accepted by the trial Court, the decree passed in the suit was quite justified and called for no interference by th......mdash;For the Appellant. Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 28 of 1993. (From the judgment and order dated 26 January 1992 passed by the High Court Division, Dhaka in Civil Revision No. 885 ..Category: Property Law | Date: | Hits: 52
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
.... with effect from 1.8.69 at a monthly rental of Taka 135.00 as per English Calendar month and subsequently the said Begum Shamsun Nahar died on 17.1.83, leaving husband Mirza Murshal Hossain and a son and a daughter, the respondents; that the defendant is a defaulter and he has defaulted to pay ......the defendant which could be easily adjusted towards the payment of rent and whether on these facts the defendant could be termed as a defaulter. 7. In view of the leave granted by us we are called upon to re-appraise the oral and documentary evidences on record. In this case, the plaintif....... The learned Subordinate Judge found on consideration of the materials on record, both oral and documentary, that the defendant paid rent upto August, 1975 and filed rent receipt of the same. The trial Court found that the defendant did not file any rent receipt in assertion of his claim of pay......uf J Monoranjan Barua……………………………………….. Appellant Vs. Mirza Masud Hossain and others ……….Respondents Judgment May 16th, 1996 Lawyer..Category: Property Law | Date: | Hits: 56
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
....ur and the said affidavit was annexed as Annexure-2 to the affidavit-in-position. 6. The learned Judges of the High Court Division by the impugned judgment and order dated 19-1-95 made the Rule absolute as already noticed. Thereafter operation of the impugned judgment and order was stay......t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ......he petitioner having been elected in the by-election, it is for anyone who is interested to challenge such election in the Election Tribunal and agitate the question of age upon evidence at the trial therein, and that the High Court Division erred in assuming jurisdiction which according to ......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..Category: Election Law | Date: | Hits: 129
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....int under Order 7 rule 11 of the Code of Civil Procedure. 2. The plaintiff instituted the Title Suit praying for a decree for mandatory injunction directing the defendants to send his minor son Md. Ibraaz Syed to his residence at No. 405 E, Road No. 27 (Old), Dhanmondi Residential Area, P......f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ...... filed before the Family Court as it was triable exclusively by that court under section 5 of the Family Courts Ordinance, 1985 as the civil Court had no jurisdiction to try the suit. 5. The trial Judge by his order No. 10 dated 23.11.94 rejected the petition for rejection of the plaint. ......p;……………………………………………...Plaintiff-Appellant Vs. Mrs. Rukshana Matin and others……………………………&h..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....or balance dower money of Taka 250.00 and maintenance at the rate of Taka 500.00 per month for 11 years 1 & 1/2 months which comes to Taka 66,750.00 in total Taka 67,000.00 and for a decree of dissolution of marriage. By judgment and decree dated 3 1.5.86, the trial Court decreed the suit for Ta......he trial Court gave a break-up of the amount due to the child and the appellant by specifying separate amounts, and in decreeing the suit also so specified. Mr. Shaha submits that such division was uncalled for in the absence of a specific prayer in the plaint by the appellant. 39. We do not find...... of Taka 500.00 per month for 11 years 1 & 1/2 months which comes to Taka 66,750.00 in total Taka 67,000.00 and for a decree of dissolution of marriage. By judgment and decree dated 3 1.5.86, the trial Court decreed the suit for Taka 30,287,50.00 representing maintenance for 11 years 1 & 1/2......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..Category: Family Law | Date: | Hits: 198
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