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Akhtar Masood Vs. Mrs. Bilkis Jahan Ferdous, 1998, 27 CLC (AD)
....ods of allowing the petitioner to see his son. Especially when the suit is pending for the last 2 years and when it does not appear that the trial of the suit is about to take place it will not be proper to deny the petitioner to see his son for all time to come till the suit is decided. As and ......;………….Petitioner Vs. Mrs. Bilkis Jahan Ferdous................ Respondent Judgment December 12, 1996. The Guardians and Wards Act, 1890 (VIII of 1890), Section 12(1) A father cannot be denied access to his m...... access to his son during pendency of the suit. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 145. ..Category: Family Law | Date: | Hits: 156
....erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138.......
Present:
ATM Afzal CJ
Mustafa Kamal J
Latifur Rahman J
Md. Abdur Rouf J
Bimalendu Bikash Roy Choudhury J
Mohibul Ahsan (Md) (Shawan), Director, Ittefaq Group of Publication and others …………. Petitioner
Vs.
Ittefaq Group of Publication Ltd. represented by Mai......y and not the Court which is responsible for its management. The High Court Division having found, apparent breach of section 95 in holding the impugned meeting granted the temporary injunction. No illegality in the order…………(12)
Lawyers Involved:
Moudud Ahmed, Senior Advocate, instr..
Category: Business or Commercial Law | Date: | Hits: 121
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....ount of tax assessed by the Customs Authority and the amount of tax to be paid pursuant to the interim order even though respondent No. 1 in his prayer (B) in the writ petition offered to furnish a proper bank guarantee for the same. 4. Leave was granted to consider the submissions...... Rouf J Bimalendu Bikash Roy Choudhury J Commissioner of Customs, Chittagong…………………Appellant Vs. Giasuddin Chowdhury and another……………………...Respondents ......goods. We do not see why the Customs should be paid any sum in advance before release of the goods if the claimed amount has prima facie no sanction of law. Government cannot be allowed to run on illegal collections as well. Lest what appears to be illegal on first impression turns out to be lega..Category: Criminal Law | Date: | Hits: 119
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ...... of 1860), Sections 302 & 302/149 Conviction under section 302/149, of the Penal Code is of vicarious liability but any conviction under section 302, Penal Code is of personal liability and the former one is different to that of the latter as to the manner of involvement. There havin......e issue here is whether upon its own findings, good or bad the High Court Division could discriminate between the accused who were acquitted and the present appellant. It will be seen that even the legal position after the acquittal of the other accused from a common charge under section 302/149..Category: Criminal Law | Date: | Hits: 104
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
....aying down any principle of law therein regarding the service of notice under section 106 of the TP Act. An argument was, however made on behalf of the tenant-petitioner, that the notice had not been properly served upon the defendant, inasmuch as the notice was returned undelivered with the remark ...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Nurul Islam (Md) …… Appellant Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain and ors ……….Respondents Judgment March 9, 1997. The General Clauses ......t of the case has reversed the trial Court’s finding upon a mere surmise that the defendant is not a defaulter. 14. Mr. MA Haider finds it difficult to show that the High Court Division has legally reversed the said finding of the trial Court. The trial Court also took into consideration t..Category: Tenancy Law | Date: | Hits: 93
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ......;.Petitioner Government of Bangladesh………………………………….Petitioner vs Acqua Foods Limited and others……………………………Re......9 of the Importers, Exporters and Indentors (Registration) Order, 1981. Accordingly, the High Court Division declared the impugned Notification to have been made without lawful authority and of no legal effect. 7. The learned Counsel for the petitioner, Export Promotion Bureau, urged befo..Category: Business or Commercial Law | Date: | Hits: 117
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....passion mixed with pity the present plight of the foreigner-appellants and we feel that because of the appeal alien situation in which the two foreigner-appellants now find themselves in it will be proper for us to exercise our discretion a little more, as we find that this is a fit case, as it ......minal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Major (Retd) Ashrafuddin Sekander ……………….Appellant Bernhard Rudigar and......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ..Category: Criminal Law | Date: | Hits: 130
Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)
....er the appellant took a revision in the High Court Division and obtained a Rule, which has been discharged by the impugned judgment and order. 3. Leave was granted to consider whether a legal and proper sentence has been imposed upon the appellant in view of the facts and circumstances of the ca......er section 471 of the Penal Code for four years along with fine instead of maximum of two years along with fine, the highest punishment provided for under section 471 being two years of imprisonment, and also considering the circumstance on record, the period of sentence reduced to the period alread....... Thereafter the appellant took a revision in the High Court Division and obtained a Rule, which has been discharged by the impugned judgment and order. 3. Leave was granted to consider whether a legal and proper sentence has been imposed upon the appellant in view of the facts and circumstances..Category: Anti-Corruption Laws | Date: | Hits: 71
Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)
....ovisions) Ordinance, 1985 (LIV of 1985), Section 2(b) The court of settlement is not a court for determining the title of the rival claimants, it is for determination whether the case property was an abandoned property or not. As the property being found not abandoned property, the ......Republic of Bangladesh, represented by the Secretary, Ministry of Public Works………………….Petitioner Vs. Chairman, Court of Settlement and others…………….Respondents Judgment July......he Government-petitioner contended that the original lessee did not execute any deed of sale in favour of the said respondents and the said respondents fabricated papers to grab the case property illegally. The respondents were not found in the house after the liberation war and as such, the hous..Category: Property Law | Date: | Hits: 58
Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)
....he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ......ifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Solaiman (Md).…………………….Defendant-Petitioner Vs. Sufia Akhtar Alam being dead, her heirs Narjesa Rahamatullah and others...............Respondents Judgment November 16, 1995. The Transfer of Propert......ol Case No.48 of 1973. Rijia withdrew the house rent deposited before the Rent Controller for the last time in December, 1986.Defendant No.1 further claims that as the plaintiff could not produce any legal proof that she got the suit shop from her mother on the basis of oral gift, in spite of her cl..Category: Tenancy Law | Date: | Hits: 78
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
.... suit land has been wrongly recorded in the SA Khatian to the extent of 8 annas share in the name on uncle Haji Abdullah. Their case, in short is that their father late Yasin Sheikh acquired the suit properties by different pattas and registered deeds and he died leaving behind two sons and three da......sent: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Enjaheruddin Mia alias Md Enjaheruddin Mia………………..Petitioner Vs. Mohammad Hossain and others………………….Respondent Judgment July 31, 1997. Result: The petition ......of the plaint on 25-9-88 for a further declaration that the registered deed of gift dated 27-4-70 claimed to have been executed by his uncle Haji Abdullah in favour of defendant Nos. 1-3 is forged, illegal, collusive and not binding upon them and that the suit land has been wrongly recorded in the S..Category: Property Law | Date: | Hits: 93
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1998, 27 CLC (AD)
.... of People Order, 1972, Art. 50, 51(2) & 58 (a) Article 50 provides who are to be impleaded but does not prohibit any other person to be impleaded, considered necessary by the petitioner, for proper adjudication. So joining of Returning Officer and the Asst. Returning Officer in the election...... Article 50 provides who are to be impleaded but does not prohibit any other person to be impleaded, considered necessary by the petitioner, for proper adjudication. So joining of Returning Officer and the Asst. Returning Officer in the election petition, though not contemplated under article 50, ......lice stations). After the final publication of the result in the official Gazette, the respondent who was a candidate with him presented an election petition with various allegations of corrupt and illegal practices and prayed for the following reliefs: “(ক) ১ নং প্রতিপক..Category: Election Law | Date: | Hits: 168
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ......mal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Aung Shwe Prue Chowdhury....................Appellant Vs. Kyaw Sain Prue Chowdhury and others.................Respondents Judgment December 11, 1997. Result: The ...... The appellant is physically fit and mentally alert to perform the functions of the Bohmong Chief’s office. According to the customs as to succession of Chiefship of Bohmong Circle the appellant is legally entitled to succeed to the dignity of Bohmong Chiefship, but the Special Affairs Division of..Category: Civil Law | Date: | Hits: 203
Abdur Rahman and others Vs. Kheru Malitha and others, 1998, 27 CLC (AD)
....etition is out of time by 33 days and the explanation for the delay is satisfactory. For all these reasons the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 71. ......8) 71. ......iffs who are the respondents before us filed Title Suit No.743 of 1976 in the First Court of Munsif, Kushtia for declaration of title with averments which are not necessary to be stated to decide the legal postulation made in this petition. 2. The plaintiff lost the case at the trial Court. His..Category: Property Law | Date: | Hits: 77
Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)
....mi and others……Plaintiff- respondents Judgment May 15, 1997. Result: The petition is dismissed. Vested Property The plaintiff having proved their title and possession in the property by producing valid documents of title and adducing evidence as to possession on the contrar......M Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh………………..Defendant-Petitioner Vs. Paresh Chandra Gharami and others……Plaintiff- respondents Judgment May 15, 1997. Result: T......plaintiff-respondents’ title to 3.90 acres of land and for further declaration that the proceedings taken in the Vested Property (briefly VP) Case No. 6 of 1984 in respect of the said property is illegal, void and not binding upon them. 2. Their case, in short, is that their mother Parbati Bal..Category: Property Law | Date: | Hits: 73
Gazi Shamsul Hoque Vs. Deputy Commissioner, Dhaka and another, 1997, 26 CLC (AD)
....School by 5-00 PM of 9-9-94 after making an inventory of the records and documents. 3. The writ petitioner challenged the said order on the ground that the Managing Committee of the School is the proper authority to reinstate respondent No. 2 and respondent No. 1 had no authority to direct the e......al J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Gazi Shamsul Hoque……………………………….........Petitioner Vs. Deputy Commissioner, Dhaka and another…...…Respondents Judgment November 16, 1997. Result: The petition is d...... Intervention of the Deputy Commissioner in reinstating the incumbent through magistrate may have been outside of the framework of the statute but since it was not exercised in perpetration of an illegality but in establishing the legal right of respondent no. 2, the Appellate Division is not incl..Category: Employment/Service Law | Date: | Hits: 115
Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)
....Sections 115 If the High Court Division is satisfied that the lower appellate court has failed to consider any material evidence in reversing a finding of fact arrived at by the trial court, the proper course is to sent back the case on remand to the appellate court for re-hearing the appeal up......(Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Golam Sarwar (Md) & others…………Petitioners Vs. Md Liakat Ali and others........Respondents Judgment July 29, 1997. Result: The petition is dismisse...... to the lower appellate Court nor reappraisal of the evidence on record. Mr. Ahmed further submits that in the facts and circumstances of the case the learned Judge of the High Court Division acted illegally in reassessing the evidence himself in exercise of his revisional authority. 6. Ordinar..Category: Property Law | Date: | Hits: 74
Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)
....), 3(b), 3(d) & 4(5) The penalty for corruption and misconduct calls for compulsory retirement or removal, dismissal from service under rule 4(5) and none else. The disciplinary authority with proper approval awarded him penalty of compulsory retirement. The tribunals below had no reason to t......…………….Appellant Vs. AM Mansur Ahmed & others………….. Respondents Judgment May 4, 1997. Result: The appeal is allowed. The Government Servants (Discipline and Appeal) Rules, 1985, Rules 2(f), 3(b), 3(d) & 4(5) The penalty for corruption and miscond......ndent No.1 took the matter before the Administrative Tribunal by means of Tribunal Case No. 155 of 1989. The Government contested the case. The Tribunal upon hearing both sides found that there was illegality or irregularity in the departmental proceeding. It however took the view that the charges e..Category: Administrative Law | Date: | Hits: 145
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....-11-l993 and respondent No. 1 hired a house at Uttara Model Town and got the two elder children admitted in the International School, Dhanmondi. All arrangements were made by respondent No. 1 for the proper maintenance of the family while he left for London to his place of business. He, however, vis...... here Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdul Jalil and others………………………….. Appellant Vs. Sharon Laily Begum Jalil………......en were born in England and are citizens of the United kingdom. A few days after the marriage she was informed by respondent No. 1 that he was not in fact a British resident and had entered Britain illegally and she was instructed by him to apply to the Immigration Authority for leave (for him) to r..Category: Family Law | Date: | Hits: 250
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
.....Plaintiff-Respondents Judgment February 5, 1997. Result: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Section 115 The material evidence not being properly considered by the lower Appellate court as final court of fact, resulting in an erroneous d......Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Jahanara Begum……………………………………………………… Defendant-Appellant Vs. Md. Aminul Islam Chowdhury and others………………….Plaintiff-Respondents Judgment February 5, 1997. Res......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ..Category: Property Law | Date: | Hits: 86
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