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State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......€¦â€¦...Appellant Vs. Muhibur Rahman Manik and another………… Respondents Judgment March 28, 2006. Result: The appeal is allowed. The High Court Division should exercise its jurisdiction to enlarge the accused on bail after being satisfied that there are reasonable grounds ..Category: Criminal Law | Date: | Hits: 184
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......l application summarily upon misreading and misappreciation of evidence though plaintiff proved his case by the evidence of witnesses, that the High Court Division failed to exercise its revisional jurisdiction in not holding that the appellate Court misread and mis-appreciated the evidence of PW..Category: Property Law | Date: | Hits: 26
Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
....e is to be excluded. In that view of the matter, we find that proceeding against the appellant was completed within 180 days as provides by Regulation 43(8) of the Regulations. The break-up of the total days consumed in completing the proceeding has been shown by the appellant upon taking into a...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......pellant filed a petition for review/reconsideration of the order passed in the appeal but he did not have the desired result. The appellant challenged his order of compulsory retirement in the writ jurisdiction of the High Court Division primarily contending that proceeding against him was not co..Category: Employment/Service Law | Date: | Hits: 92
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
....nd the defendant-appellant-respondent No.1 (hereinafter referred to as "respondent No.1") as the seller whereby the assets and liabilities of the company were agreed to be sold for a total consideration of Taka 91,00,000 on the stipulations contained in the said agreement dated 13-...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ......principal defendants (respondents) will not see truth except upon a decision from the Court. The cause of action has arisen on 12-6-76, 23-7-76 and 13-9-76 as stated hereinabove within PS Ramna and jurisdiction of the Court. Hence the suit for simple declaration that the property in schedule belo..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....onstitution 1973 the assignment of area of jurisdiction of Benches unÂder Article 198 had not divested the jurisdiction of the principal court or its confinement to the residuÂary area far less its total extinction. 132. The expression 'jurisdiction', powers' and 'functions' are not terms of ar......al justice: (d) Bangabandhu Sheikh Mujibur Rahman was declared to be President and Syed Nazrul IsÂlam Vice-President "till such time as a Constitution is framed": (e) President or in his absence the Vice-President "Shall have the power to appoint a Prime Minister and such other Min...... the essential limb of the judiciary namely, of the Supreme Court of Bangladesh by setting up rival courts to the High Court Division in the name of Permanent Benches conferring full jurisdictions, powers and functions of the High Court Division………………(293, 295 &..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
....arned Judges of the High Court Division after having found that the confession was voluntary it appears to have been assumed by the learned Judges that the confession was true. Herein is another fact totally fatal to the prosecution case. Even if the confession is held to be voluntary it must also h...... High Court Division is set aside. Conviction and sentence of acÂcused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157...... High Court Division is set aside. Conviction and sentence of acÂcused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157..Category: Criminal Law | Date: | Hits: 159
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......and and also to kill them or to cause grievous hurt to them. But the onus to establish their plea is upon them as specifically proÂvided in section 105, Evidence Act, and the Court shall presume the absence of any circumstances which bring the action of the accused within the Exceptions described i......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147..Category: Criminal Law | Date: | Hits: 49
Bangladesh House BuildÂing Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......, 1973 (P.O. 7 of 1973), article 37 The Transfer of Property Act, 1882 (IV of 1882), section 58 The Stamp Act, 1899 (2 of 1899), Section 2(17) It is now well settled that a mortgagee, in the absence of any contract to the contrary, is entitled to treat the interest due under a mortgage as a......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ..Category: Property Law | Date: | Hits: 41
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
.... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135......any premises unless he pays the rent due by him in respect of such preÂmises to the full extent allowable by this OrdiÂnance within the time fixed in the contract with his landlord or, in the absence of such contract, by the fifteenth day of the month next following that for which the rent......that on the expiry of the period of the Agreement of Lease dated 1.9.78 the appellant has become a tenant by holding over, relied upon a numÂber of decisions including some decisions from the Indian jurisdiction. In some of these cases tenancy was created by registered instruments and in some cases..Category: Property Law | Date: | Hits: 45
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......etings. We do not think much about the submisÂsion because there is a presumption that official acts arc regularly performed unless the contrary is proved. It was next argued that in any case in the absence of the Joint Secretary, the selection board was not leÂgally constituted. It is difficult t......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131..Category: Employment/Service Law | Date: | Hits: 89
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....aying the appeal has become of mere acaÂdemic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......aying the appeal has become of mere acaÂdemic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......Plaintiff filed a title suit being Title Suit No. 198 of 1979 in the Second Court of Munsif, Chandpur, for a declaration that the lease of the suit land by defendant Nos. 1 to 3 is illeÂgal, without jurisdiction, collusive and not binding upon the plaintiff and for permanent injunction reÂstrainin..Category: Property Law | Date: | Hits: 56
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
...." Sec. 13 deals with removal of Chairman. The Rules provides for the manner of calling special meeting for removal of Chairmen (Rule 4) and Rule 8 stipulates that minimum four-fifths of the total number of representative members must pass the resolution for removal in such special meetÂin......nce which reads as under:— "16. Acting Chairman.- (1) If a vacancy ocÂcurs in the office of Chairman or if the ChairÂman is unable to discharge the functions of his office on account of absence, illness or any other cause, a member elected by the Union PariÂshad from amongst the ele...... for example, the right of a justice of the peace membership on a town board. Mozlery & Whiteley's Law Dictionary, 9th Edition page f 26 defines Ex-officio: By virtue of an office. Any prerogative or jurisdiction which a person in ofÂfice has, by virtue of that office, he is said to exerÂcise ex o..Category: Election Law | Date: | Hits: 128
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ......ith his own money and for his own benefit; he was not a benamdar of the plaintiff who was never the real purchaser but he fraudulently put up this claim to grab the property taking advanÂtage of the absence of the original owners and their heirs who migrated to India before 1965. The suit land bein......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ..Category: Property Law | Date: | Hits: 75
Hazi Waziullah Vs. Additional Deputy ComÂmissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......h a judgment operates as res Judicata under s. 11 Civil P.C. Under section 41 a final judgment, order or deÂcree of a competent court in the exercise of probate, matrimonial, admiralty or insolvency jurisdiction, is not only relevant but also is conclusive both against the parties thereto as well a..Category: Procedural Law | Date: | Hits: 146
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ......rsing the decision of the learned Munsif without discussing evidence adduced by the respective parties. The High Court Division considÂered that the plaintiffs were only recent purchasers and in the absence of clear evidence that their predeÂcessors in interest used the alleged pathway in terms of......Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ..Category: Property Law | Date: | Hits: 36
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....variable pre-condition for the validity of such order. (iv) The jurisdiction of the High Court Division under Article 102 of the Constitution cannot be invoked except on the very limited ground of total absence of jurisdiction (coram non-judice) or malice in law to challenge any step in the proce......le pre-condition for the validity of such order. (iv) The jurisdiction of the High Court Division under Article 102 of the Constitution cannot be invoked except on the very limited ground of total absence of jurisdiction (coram non-judice) or malice in law to challenge any step in the process of ......ain matters but such enquiry will not come within the purview of judicial enquiry because the power to decide judicially is different from deciding administratively. By taking resort to extraordinary jurisdiction for a writ the High Court Division will be asked to enter into a territory which is bes..Category: Election Law | Date: | Hits: 165
Executive Engineer, PubÂlic Health, Barisal DiviÂsion Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
....period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64...... from the authority concerned intiÂmating either sanction or refusal. After receiving deÂfendant No. 2's letter dated 25th April, 1977 by which a proceeding was drawn against him for unÂauthorised absence from duty from 21st June, 1975, he submitted his explanation. He also submitted his joining ......ce on 16th May, 1977 but he filed the suit on 21st April, 1984 after the expiry of more than six years, and whether the High Court Division erred in law in not considering that the Civil Court had no jurisdiction to entertain the suit in view of Art. 117(2) of the Constitution of the People's Republ..Category: Employment/Service Law | Date: | Hits: 103
Gopal Chandra Shah Vs. The Deputy CommissionÂer, Sunamganj & another, 1989, 18 CLC (AD)
.... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ......town of Sunamganj without shifting his shop from the present site was not authorised under the said section as being not limited to time or period as may be determined in making such order and in the absence of anything in the impugned order itself or by way of any affidavit that such order was nece......in the impugned order itself or by way of any affidavit that such order was necesÂsary for the preservation of the public peace. He also submitted that not only the Deputy Commissioner acted without jurisdiction but the order was also mala fide in that the petitioner had agreed to shift his shop to..Category: Others | Date: | Hits: 125
....nd the two sets of laws are also dissimilar. The laws relating to disqualification for election to Parliament excepting the one provided in P. 0. 155 of 1972, can only be amended by two-thirds of the total number of Members of the ParliaÂment. The law relating to the Chairman or member of the Union......he provision for disqualification of a member of the Union Parishad under section 7(2)(g) of the Union Parishad Ordinance, 1983 for being a defaulter of financial institutions including a bank in the absence of such disqualification for a member of the Parliament is not discriminatory but is constit......om and propriety of the Legislature in not providing a disqualification similarly to the impeached one in the case of the members of the Parliament. Wisdom and propriety are non-issues in the statute jurisdiction of this Court. When the constitutionality of a statute is challenged the members of the..
Category: Election Law | Date: | Hits: 212
Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)
....re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27......re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27...... Zakir Hossain on the basis of Ext. 4 series. The learned Judge further observed in his judgment that the findings of fact made by the learned S.C.C. Judge were not challenged before him although the jurisdiction to decide the suit was challenged. 8. It is evident from the impugned judgment that..Category: Others | Date: | Hits: 96
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