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Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)
....ecreed the suit. 7. Leave was granted only to consider the question of limitation as to whether the learned Single Judge of the High Court Division correctly decided the question of limitation on proper consideration of the evidence on record in view of the statement made in the plaint showing t......zal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Hasna Banu & others……………Defendant Appellant Vs. Keamat Ullah Malitha and others ……...Plaintiff-Respondents Judgment June 9, 1997. Result: The appeal is...... the sale in the year 1966. As the deed was executed and registered by a village illiterate pardanashin lady onus lies heavily upon the defendant’s son and daughter-in-law to show that the deed was legally executed and registered with the free will and consent of the plaintiff having free and inde..Category: Procedural Law | Date: | Hits: 154
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....ulation) Regulations 1979 to be intra vires the Constitution and therefore lawful. 15. Before this Division Mr. Amirul Islam submits that the learned Judges of the Special Bench failed to draw the proper legal inference from the history of constitutional provisions on the subject of consultation ...... Latifur Rahman J Md. Abdur Rouf J Bimanendu Bikash Roy Chowdhury J Bangladesh represented by the Secretary, Ministry of Establishment……………Appellant Vs. Shafiuddin Ahmed and 2 others …………………………………………………Respondents (In Civil Appeal N......o consult a Commission before effecting promotions to the posts of Joint Secretary and Deputy Secretary the impugned orders of promotion by Notifications dated 20-2-92 and 8-2-92 have been rendered illegal and ultra vires Article 104(2) of the Constitution. 12. All the three learned Judges of th..Category: Constitutional Law | Date: | Hits: 185
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....the complainant had to face litigation over the same and the purchase proved to be a bad bargain; that respondent No. 1 then came to her Wari residence and gave out that he would recover the valuable properties of her father-in-law at Mirpur and on that plea obtained the signature of the complainant......: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J Bimalundu Bikash Roy Choudhury J Bangladesh Bar Council................ Appellant Vs. Khawja Abdul Gani and another ………….Respondent Judgment November 20, 1997. Result: The appeal is d......rite in Bengali and taking advantage of her dependence and helplessness respondent No. 1 induced her to hand overall her valuable deeds and documents to him and in flagrant violation of her trust, illegally converted some of those deeds and documents against her interest causing her immense loss an..Category: Others | Date: | Hits: 105
Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)
.... of the settled principle of law that a judgment of reversal should advert to the findings and reasonings of the trial Court and must demonstrate that the judgment of the trial Court was not based on proper assessment of evidence and circumstances. 7. We should observe here that so far as the or......ate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Moslemuddin (Md) and others…………………………..………………Appellants Vs. Md. Jonab Ali and......ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ..Category: Property Law | Date: | Hits: 88
Al-Haj Abul Basher Vs. Bangladesh and others, 1997, 49 CLC (AD)
....same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ......Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ......operty Act, 1948 (XIII of 1948), Sections 3 & 5 Inter ministerial communication are merely policy guidelines within the Ministries for their own purpose any instructions thereof do not create any legal right in favour of the petitioner who is seeking for return of the unutilized acquired land fr..Category: Property Law | Date: | Hits: 81
Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)
.... respect of an order passed by a regular Division Bench before the vacation. He submits that the interference will not be without jurisdiction and will not be void ab initio. 10. It seems to be improper, if not outright outrageous, that a Single Bench will interfere with an interlocutory order p......J Bimalendu Bikash Roy Choudhury J Azizur Rahman alias Md. Azizur Rahman……….………… Appellant Vs. Government of Bangladesh represented by the Secretary, Ministry of Housing and Public Works and others……………….Respondents AM Agha Yousuf and another…………......beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ..Category: Procedural Law | Date: | Hits: 138
Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)
.... trial Court, without however discussing the oral evidence adduced by the plaintiffs, concluded that “the plaintiffs have been able to make out a case of title and possession in respect of the suit property and, as such, they succeed.” Accordingly the said court decreed the suit. The appellate C...... ......laintiffs are in exclusive possession of a specific and separate share of the suit plot well demarcated by boundaries so as to be entitled to retain their possession against their co-sharers till the legal partition by way of permanent injunction and hence the High Court Division was correct in sett..Category: Property Law | Date: | Hits: 83
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ......ifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Shilpakala Academy represented by the Director General of the Academy …….Appellant Vs. Shahidul Islam and another …………………...Respondents Judgment January 23, 1997. Result: Th......y under Memo No. বাশি এ/বিভাগীয় মামলা নং-৫/১৬৩৩ dated 25-1-90 dismissing the said respondent from service was passed without lawful authority and of no legal effect. 2. Material facts of the case, briefly, are, that the said respondent was appoint..Category: Employment/Service Law | Date: | Hits: 145
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
....proving that he had supplied spare parts, provisions and provided laundry service to the defendant No.1 vessel. In fact, the plaintiff has failed to prove his case by adducing sufficient and reliable proper evidence. Accordingly, I am of the opinion that the plaintiff is not entitled to a decree as ......sp; Giasuddin (Md)..................................................... Appellant Vs. MV Forum Power and ors........... ....................... Respondents Judgment July 19, 2000. ......rovisions of sections 64, 66 & 67 of the Customs Act have no manner of application in case of supply of spare parts, machineries, provision and necessaries to a vessel in distress. There is no legal bar in the Customs Act to the supply of such goods and services to the ship in distress and a..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)
....er of the election petition. In the original election petition there was no allegation that there was any irregularity - illegality in the counting of ballot paper Amendment allowed appears to be not proper.” 9. In the case of Hosne Zaman vs. Election Tribunal, 38 DLR 435 it w......ly 9, 2000. The Union Parishad (Election) Rules, 1983, Rule 45 The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), Sections 26 and 29 (i) In the instant case new facts having not been introduced and by ame......ection by him. Though his nomination paper was rejected by the Returning Officer on the grounds of his being loan defaulter of Sonali Bank and tax defaulter of Shaplapur Union Parishad the same was illegally allowed by the appellate officer. As a result in the said election appellant was elected cha..Category: Election Law | Date: | Hits: 109
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....o this petition is that the petitioners as plaintiffs earlier instituted Title Suit No. 177 of 1994 in the Court of the Subordinate Judge, Dhaka for declaration of the title and partition of the suit properties. That suit on contest was dismissed by the trial Court which decree was affirmed up to th......Court Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abdul Jalil and others.................................Petitioners Vs. Islamic Bank Bangladesh Ltd. and ......d. The petitioners then instituted Title Suit No. 42 of 1999 in the 5th Court of the Subordinate Judge, Dhaka praying for declaration that the decree passed in earlier Title Suit No. 177 of 1994 is illegal and invalid and is not applicable respect of ‘Ga’ schedule land of the present suit. Their..Category: Property Law | Date: | Hits: 101
Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
....n when the conduct of the plaintiff was not fair. 6. From the facts as has been narrated it is palpably clear that the case was fixed on several dates and for securing the ends of justice and for proper adjudication of the issue the trial Judge exercised his judicial discretion and deferred the ......R (AD) (2001) 9. ......ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ..Category: Business or Commercial Law | Date: | Hits: 148
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....on the Pir to establish that the transfer was valid and legal. Principle of law in this respect is to protect persons whose disabilities to fully understand the nature and effect of transfer of their property make them dependent upon or subject them to the influence of others even in the absence of ......Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Shah Sufi Taj Islam........................................Petitioner Vs. Begum Rokeya Chowdhury and anr...........................Respondents Judgment May 18, 2000. Result: The petit......of When relationship between the transferee and transferor is that of a Pir and disciple who is not a well educated woman burden of proof is on the Pir to establish that the transfer was valid and legal. Principle of law in this respect is to protect persons whose disabilities to fully understand..Category: Civil Law | Date: | Hits: 162
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....m “Evidence false in part is false in entirety” inasmuch as the said so-called maxim is not supported by any authority of any Court. (5) The judgment passed by the High Court Division is not a proper judgment in appeal as the basic norm of disposal of a Criminal appeal has been totally deviat...... Islam alias Ratan.......................Appellant Vs. State............................ ........................Respondent Judgment August 14, 2000. Result: Criminal Appeal Nos. 26 and 27 of 1996 are allowed & Criminal Appeal No. 6 of 1998 is dismissed. The Evidence Act, 18......tan, Sekander and Habib was that they have been falsely implicated in the murder of Munir. The specific defence of accused Ratan is that deceased Munir was a hijacker of the locality and due to his illegal activities he was murdered by others. 4. In this case, the prosecution examined a large num..Category: Criminal Law | Date: | Hits: 108
State Vs. Nurul Islam, 2006, 35 CLC (AD)
....ed against him. Hence this leave petition. 7. Mr. Abdur Razzak Khan the learned Additional Attorney General appearing on behalf of the petitioner firstly contended that the Tribunal upon proper consideration of materials on record found the accused respondent guilty of the offence punis......eneral instructed by Md. Ahsan Ullah Patwary Advocate-on-Record- For the Petitioner Not Represented- Respondent Criminal Petition For Leave to Appeal No. 15 of 2001. (From the Judgment and Order dated 20-1-2000 passed by the High Court Division in Criminal Appeal No. 680 of 1994) ......cord found the accused respondent guilty of the offence punishable under section 19(A) of the Arms Act but the High Court Division without adverting to the findings and decisions of the trial court illegally held that the accused respondent is not guilty of the charge leveled against him. 8.&..Category: Criminal Law | Date: | Hits: 106
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....e implied from conduct which is inconsistent with the continuance of the right". 23. In the same volume at page 638 it has been stated that "acquiescence" in its proper legal sense implies that a person abstains from interfering while a violation of his legal ri......l Karim J Syed J. R. Mudassir Husain J Syed S.M. Hasan.............Appellant Vs. Bangladesh represented by the Secretary, Ministry of Finance, Banking Division and another.......Respondents Judgment December 18, 2002. Cases Re......ected in the list of 1998 and deserved similar treatment. 12. Mr. A. F. Hassan Ariff, the learned Attorney General appearing for the respondents submitted that the respondent had no legal duty towards the appellants to empanel him and to promote him according to any such panel..Category: Administrative Law | Date: | Hits: 130
Mahmuda Khatun and others Vs. Abul Younus Talukder, 2006, 35 CLC (AD)
.... the trial Court and rather they accepted it. 8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs. Ed. ......d with costs. Ed. ...... defendants as plaintiffs instituted the O.C. Suit No. 29 of 1972 against said Yunus Talukder and the Respondent No. 2 as defendants for declaration that the said decree of the S.C.C. suit was illegal, void etc. and permanent injunction for restraining the defendant decree-holders from exe..Category: Procedural Law | Date: | Hits: 83
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
.... salami and the allotment also was issued in violation of Government policy which is not correct. Mr. Ahmed has strenuously argued that Annexure-D was issued by the Ministry of Land which is the proper authority for cancellation of allotment of land but Annexure-I was issued by the Deputy ......r the Appellants A. J. Mohammad Ali, Additional Attorney General instructed by B. Hossain, Advocate-on-Record- For the Respondents Civil Appeal No. 323 of 2001 (From the Judgment and Order dated 13.07.2000 passed by the High Court Division in Writ Petition No. 1605 of 1998) ......e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ..Category: Property Law | Date: | Hits: 127
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....ntiffs by a kabala Ext. 1 dated 7.12.1926. Since then the plaintiffs were in exclusive possession of the suit land. The plaintiffs also purchased some land situated to the western side of Scheduled 1 property from the principal defendants and predecessors of other defendants by a registered kabala......ate Division (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Mohammad Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Hriday Ranjan Dey and another................................................Appellants Vs. Niranjan Dey being...... Charan Dey. After the death of Abhoy Charan Dey his son Ananda inherited the same. But Ananda being the minor boy possessed the same through his maternal uncle one Jogesh Chandra Dey. Thereafter for legal necessity and maintenance of minor Ananda his uncle transferred the land to the predecessor of..Category: Procedural Law | Date: | Hits: 112
Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
.... the Court of Senior Assistant Judge, Chandpur for declaration of title and recovery of khas possession against the respondents on the allegations interalia that he is the owner of the suit property. The respondent no. 1 filed Title Suit No. 93 of 1985 for declaration of title and rec......b Hossain, Advocate-on-Record- For the appellant Dr. Rafiqur Rahman, Senior Advocate, instructed by Md. Serajur Rahman, Advocate-on-Record- For the respondent. Civil Appeal No. 41 and 42 of 2000. (From the Judgment and Order dated 19.03.1998 passed by the High Court Division in ......t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored. There is no order of costs. Ed. ..Category: Property Law | Date: | Hits: 175
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