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....itled to get a notice before sealing of their Mills. If the action was taken for preventing smuggling then no licence should have been given at all, or, if already given, they could be cancelled with proper notice. In any view of the matter, the petitioners have been found to have taken the actions ......ppellate Division
(Civil)
Present:
ATM Afzal CJ
Mustafa Kamal J
Md. Abdur Rouf J
Md. Ismailuddin Sarker J
Chairman, Zilla Chora Chalan Daman Samanaya Committee, Mymensingh and another……………...Petitioners
Vs.
Md. Kabirul Islam Beg and 5 others …………......igh Court Division they cannot be heard to make any excuse now for their actions.
All the petitions are, accordingly, dismissed.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 131.
..
Category: Others | Date: | Hits: 128
Karnafuli Cotton Mills Ltd. Vs. United Commercial Bank Ltd. and others, 1997, 26 CLC (AD)
....nbsp; Subject to this modification of the order of the High Court Division the petition is disposed of. Ed. This case is also reported in: 49 DLR (AD) (1997) 130 ...... Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Karnafuli Cotton Mills Ltd................... Petitioner Vs. United Commercial Bank Ltd. and others............... Respondents Judgment November 8th, 1995 Cases Referr......nd Sukuret Sen vs. Gouranga Bejoy Das, BLD 1989 (AD) and correctly submitted that granting of reliefs summarily on a revisional application without issuing any Rule on the opposite party is neither legal nor fair and the learned Judges of the High Court Division have committed grave error of law..Category: Procedural Law | Date: | Hits: 98
AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)
....all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ...... Md Abdur Rouf J BB Roy Choudhury AFB Jahan Mia (Md)………… …………Appellant Vs. Chairman, National Board of Revenue and others…………………………. Responde....... Yes, he was absorbed in an equivalent post in 1976, But the equivalence “Ceased to exist” from 1-7-77. Because of the respondents’ inability to bring into sharp focus this vital legal aspect of the matter the judgment of the Appellate Tribunal has made a foray into redundant ..Category: Administrative Law | Date: | Hits: 140
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....ure materials and the facts and circumstances of the on her and also on her two unmarried daughters case., the High Court Division failed to exercise which would be intensified and prolonged. In such proper discretion in allowing the respondent to be circumstance she was taken to the Magistrate on e......he Petitioner. Mahbubur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-—For the Respondent. Criminal Petition for Leave to Appeal No. 36 of 1997. (From the judgment and order dated 23rd March, 1997 passed by the High Court Division, Dhaka in Criminal Misc. Case No.......om and a revolver and shot gun were recovered earlier by them on 12-10-96 from the bedroom of her husband. The arms and ammunition were all licensed and there were no arms and ammunition which were illegally kept/stored or preserved by the respondent. A seizure list was prepared at the mid-night of ..Category: Criminal Law | Date: | Hits: 115
Jalaluddin alias Faruque and ors. Vs. Ehsanuddin and others, 1996, 25 CLC (AD)
.... of Order XLVII Rule I of the Code of Civil Procedure. We do not find any substance in this petition. It is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 116 ......7) 116 ......Haji Badsha Miah, defendant’s predecessor was a monthly ejectable tenant under them at a rental of Taka 350.00 per month. Badsha Miah died on 30th Bhadra. 1393 BS and thereby the defendants have no legal right to retain possession of that the suit premises are also bona fide required by the plaint..Category: Property Law | Date: | Hits: 63
AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)
....een submitted implicating them in the case. Moreover, they are being harassed unnecessarily for the last few years under the lame excuse that the prosecution has been waiting for sanction from the proper authority. 3. The proviso to sub-section (5) of section 167 Cr. P. C. provides...... Appellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J AKM Azizul Islam and another………………Accused-Petitioners Vs. Sta......being no express provision for its prospective operation, shall operate retrospective. Thus, in view of the provisions of the amended section 167 Cr. P. C. the petitioners did not acquire any legal right of claiming stoppage of investigation and getting themselves released from the case un..Category: Criminal Law | Date: | Hits: 87
Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
....claimed promotion as a matter of right in respect of officers of category and was aggrieved by his placement as Grade-V Senior Officer carrying the new scale of pay of Taka 425-1275.00 instead of his proper scale of pay of Taka 1400-2225. He claimed that he sustained a loss of Taka 3.67.039, 86 due ......d in: 49 DLR (AD) (1997) 109. ......a was renumbered as Title Suit No. 72 of 1984. By a judgment and decree dated 28-3-85 the appellant’s suit was decreed and the impugned orders dated 16-2-79 and 11-12-81 were declared to be void, illegal and without jurisdiction and the plaintiff were declared to be still in service in the eye of ..Category: Administrative Law | Date: | Hits: 131
Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....ht to appear on a day to be named therein to show cause why such order should not be made and at the same time to produce in Court the body of the person or persons alleged to be illegally or improperly detained then and there to be dealt with according to law. 39. On the return da......a Begum………………. Appellant Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs and others……………………Respondents Judgment ......he grounds of detention given are vague, indefinite, unspecified and lack in material particulars. The writ petitioner’s allegations, therefore, stand uncontroversial, making the detention illegal and unsustainable. 4. The High Court Division accepted the oral contention of the lear..Category: Criminal Law | Date: | Hits: 99
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....nter alia, is that one Nilkanta and Rajmoni auction purchased the suit land in execution of a rent decree passed in Rent Suit No. 163/39 and they exchanged the same with one Fakir Mohammed’s properties, situated in India, through a Power of Attorney executed on 29-3-63 in favour of said Fa......7) 99 ......l contain the “facts constituting the cause of action and when it arose”. The cause of action for the suit ordinarily ‘thus, means the cause which leads the plaintiffs to bring a legal action. The incidence of cause of action must be, antecedent to the bringing of the suit at a..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... It was agreed between the parties that the plaintiffs would execute the kabala but the defendant would pay the entire consideration after completion of the pending requisition case in respect of the property and till then the defendant would pay rent at the rate of Tab 40.00 per month as before. In......ivision (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J. Chitta Ranjan Chakraborty being dead, his heirs Ashish Chakraborty and others ……………Appellant Vs. Md. Abdur Rob alias Mvi. Md. Abdur Rob…………….......Shah vs. Yusuf Shah, 16 DLR (SC) 477 where Kaikaus, J. observed at page 483 as under: “As to whether a transaction is voidable or void there is a simple criterion: did the transaction create any legal effects, that is, did the transaction transfer, create or terminate or otherwise affect any ri..Category: Tenancy Law | Date: | Hits: 88
Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
.... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ......al J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Fazlur Rahman (Md) ………………...Petitioner Vs. Government of the People’s Republic of Bangladesh and others………… Respondents Judgment November 20, 1996. Result: The petition is d......™s service for two years as the Head master of Hammadia High School, situated within thana Kotwali, District Dhaka, with effect from 1.9.95, to have been made without lawful authority and to be of no legal effect and directing further the respondents of the writ petition to allow the writ-petition, ..Category: Constitutional Law | Date: | Hits: 163
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
.... sub-section 1 of section 100. The function in the high court in the second appeal is not the mere correction of error of a legal proposition or pointing of a true procedure but also to determine properly issues of fact after making the correct exposition of law, if such determination of essen......7) 90 ...... issue or issues of fact necessary for the disposal of the appeal, which has not been determined by the lower appellate Court, or which has been wrongly determined, by such court by reason of illegality omission error defect such as is referred to in sub-section 1 of section 100. The functio..Category: Property Law | Date: | Hits: 60
.... statement and, as such, no arguments were allowed to be made on his behalf.
The appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 87.
......te Division
(Civil)
Present:
ATM Afzal CJ
Mustafa Kamal J
Latifur Rahman J
Md. Abdur Rouf J
Secretary, Ministry of Education, Government of the People’s Republic of Bangladesh and others………………..Respondents-Appellants
vs.
Md. Anwar Hossain and others………......nd January 12, 1986, contained in Annexures-M and J respectively to the writ petition, so far as those relate to the writ petitioners (now the respondents), without any lawful authority and are of no legal effect.
2. The relevant facts, in brief, are, Rani Dino Moni Multilateral High School, esta..
Category: Employment/Service Law | Date: | Hits: 95
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
....st money. It was stipulated that the kabala would be executed within one year from the date of the agreement. Hemendra Narayan died some time after the execution of the bainapatra. As a result the property devolved on his three sons. One of the sons, namely, defendant No. 1-Rupendra Bikash Chowd......l J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Ezaher Meah & others.............................................. Petitioners Vs Shaher Banu and others……………………………&......asons given in the aforesaid judgments of the Supreme Court of India strengthen the basis of such a decree. There is no good reason to depart from the settled procedure. 13. In view of this legal position we find no substance in the contention of the petitioners. This petition is,..Category: Property Law | Date: | Hits: 73
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....1) provides that when a borrower or his surety makes default in repayment etc., the Corporation notwithstanding the provisions of any other law may, without the intervention of any Court, sell any property pledged, mortgaged, etc. Sub-article (3) provides that all sums due to the Corporation fro......ppellant. Dr. Kamal Hossain, Senior Advocate, instructed by Abdul Quasem, Advocate-on-Record — For the Respondents. Civil Appeal No. 54 of 1995 (From the judgment and order dated 5 January, 1995 passed by the High Court Division, Dhaka in Civil Revision No. 1419......he submission of Mr. Rafique-ul Huq is that the word “Mamla” in section 5 (1) of the Act-does not only mean ‘suit’ as under the Code of Civil Procedure but also includes all legal proceedings in a court of law including that under article 27 of President’s Order No. ..Category: Business or Commercial Law | Date: | Hits: 117
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....helter they were all killed leaving Ayesha Bibi as his sole heiress. In the year 1973 Ayesha Bibi obtained succession certificate from the Third Court of Subordinate Judge, Dhaka in respect of the properties left by Md. Ismail in Succession Certificate Case No. 130 of 1973. She died on 4 June, 1...... Present: ATM Afzal CJ Latifur Rahman J Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Khairunnessa being dead, her heirs Feroz Alam and ors ……Appellants. Vs. Zobaida Nahar @ Zharna & ors…&hellip....... 5. The trial Court, on consideration of the facts and circumstance of the case and the evidence on record came to the conclusion that the right, tide and interest in the suit property had legally devolved upon the plaintiff as the legal heiress of the deceased Md. Ismail and that she wa..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
....t lands were acquired by defendant No. 1 with her own fund and in her own interest. She possessed the suit land through Bargadar and paid rents from her own income. She also submitted statement of property including the suit land under President’s Order No. 98 of 1972 showing the said land......e Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Rupe Jahan Begum and others……………………………&h......on-reading of evidence. He further argues that the lower appellate Court failed to appreciate the evidence in its true perspective. He therefore contends that the High Court Division committed no illegality in reversing the decision and sending back the case for fresh disposal. 12. The su..Category: Procedural Law | Date: | Hits: 140
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....ll during the whole year of 1997 and therefore, there is no urgent necessity for an order of injunction as prayed for. We do not think that the High Court Division failed to exercise its discretion properly in refusing the prayer for ad-interim injunction in the facts of the case. Last but not t......ur Rahman J BB Roy Choudhury J. Mohsin Mia …………………..Petitioner Vs. Bangladesh represented by the Secretary Ministry of Forest and Environment & others ............Respondents Judgment January 21st, 1997 C...... principal relief and is absolutely necessary for preservation of the subject matter of the dispute pending adjudication by the High Court Division. Mr. Ahmed has been fair enough to submit that no legal right has accrued to the petitioner merely because he has come out to be the highest bidder...Category: Constitutional Law | Date: | Hits: 149
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....was prevented by sufficient cause to move the High Court Division within the said period of 60 days. Moreover in the absence of any limitation prescribed for revision under the law, it cannot also be properly said that the application filed beyond 60 days is barred by limitation. The revisional cour...... Appellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J BB Roy Choudhury J Reazuddin Ahmed (Md)……… …... Convict-Appellant Vs. State and another ……………….Respondents Judgment August 11, 1996. Result: The ......gstanding practice in the High Court Division 60 day’s limitation, provided under Article 155 of the First Schedule to the Limitation Act for appeal, is being followed for revision. But there is no legal bar to entertain in the interest of justice such revisional application even after the aforesa..Category: Criminal Law | Date: | Hits: 78
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
...., 1953 stipulating that he would execute and register the deed of sale after obtaining the requisite permission under section 97 of the East Bengal State Acquisition and Tenancy Act, 1950 from the proper authority. He then put him in possession of the suit land on the same day. Since then the pl......ellip;………………………………………………..Appellant Vs. Niropama Ritchil and ors ……………………………&hel......sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ..Category: Property Law | Date: | Hits: 72
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