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Mahmudul Islam Chowdhury Vs. Md. Sultanur Kabir Chowdhury and others, 1995, 24 CLC (AD)
....e matter we do not find any cogent reason to accept the submission of Mr. AR Yousuf. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 161 ......e matter we do not find any cogent reason to accept the submission of Mr. AR Yousuf. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 161 .............Petitioner Vs. Md. Sultanur Kabir Chowdhury and others............Respondents Judgment May 25th, 1995. Lawyers Involved: AR Yousuf, Senior Advocate instructed by, Mvi. Md. Wahidullah, Advocate‑on ‑Record ‑ For the Petitioner.&nbs......hat ground. The petitioner gave up his other allegations in the election petition. The Tribunal accepted the application and noted that at the time of hearing the arguments of both sides only this question of law was agitated by both sides. Mr. Yousuf submits that in the context of this developm..Category: Others | Date: | Hits: 119
Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)
....55 of 1985. The suit was decreed ex parte in favour of the plaintiff‑respondent. In Title Execution Case No.95 of 1985 of the Fourth Court of Subordinate Judge, Dhaka. The respondent obtained possession of the suit house by evicting the appellant on 31st July, 1986. At the instance of the ...... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ......orted in: 47 DLR (AD) (1995) 155 ......xed for peremptory hearing on 4.10.94, the learned Judges deciding the appeal on 4.9.94 thought it fit and proper to direct the disposal of the miscellaneous case along with the suit. The material question that is to be decided in this appeal is, what will be the legal effect of an application f..Category: Property Law | Date: | Hits: 68
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ......oin his duties several times but he did not care. The defence of the respondent is that he did not receive those letters. The trial Court has found that the illness of the respondent was unfounded land that he was carrying on business during the period of his so‑called illness. The appella......ivision (Civil) Present: ATM Afzal J Mustafa Kamal J Latifur Rahman J Judgment: April 6th, 1995. Superintending Engineer and others....................Appellants &n...... cause the notice to be published in a newspaper. The appellate Court below erred in holding the service of show cause notice to be insufficient and the High Court Division failed to consider this question, which was a vital one. 10. It is also the admitted position that the respondent fa..Category: Property Law | Date: | Hits: 124
Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
....Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......ved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......o recognise the appellants. Further, he saw the appellants along with Golap sitting under the jackfruit tree when they were approaching the place of occurrence. The presence of this witness being not questioned or assailed the pertinent question will be whether he could recognize the appellants. P.W..Category: Criminal Law | Date: | Hits: 49
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138...... Ed. This case is also reported in: 47 DLR (AD) (1995) 138......has been made available to us by the learned Additional Attorney‑General and it shows that far from keeping the appellant in the dark, the appellant as Director of the Authority was interviewed and questioned by the Enquiry Committee which also considered the appellant's service career. The Commit..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
.... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ......pt secret. Boycott Osborne's Concise Law Dictionary (Seventh Edition): Boycotting‑ A concerted refusal to have any dealings with another person; So called after Captain Boycott in Ireland. The Shorter Oxford English Dictionary (Third Edition) Boycott‑ To combine in refusi......ed in: 47 DLR (AD) (1995) 111. ......d somewhat unique in character, under Article 106 of the Constitution of the People's Republic of Bangladesh by which the President has sought to obtain the opinion of the Supreme Court on some legal questions arising out of the continuous absence of some members of the Parliament consequent upon th..Category: Constitutional Law | Date: | Hits: 248
Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)
....fendant Nos. 2‑5 on 27.3.1974. Hence the suit. 3. Defendant Nos. 7 and 12 contested the suit by filing separate written statements. They categorically denied the plaintiff's title and possession of the suit land. Besides taking various pleas of limitation, etc. defendant No. 12 alle......itle Suit No. 912 of 1975 to the Assistant Judge, Chuadanga, for hearing of the suit afresh. 2. Plaintiff‑respondent instituted the aforesaid suit for declaration of title to the suit land and for other relief’s on the averments, inter alia, that the suit land originally belon........Respondent Judgment March 21, 1995. Lawyers Involved: Abul Quasem, Advocate‑on‑Record ‑ For the Appellant. Md. Fazlul Karim, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondent. Civ......r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ..Category: Property Law | Date: | Hits: 47
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ......ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ......nt Vs. Nafisa Chowdhury & ors.................Respondents Judgment February 12th, 1995. Cases Referred to- Tirathdas vs. Parmeshwaribai, 1943 AIR (30) Sind 223; (1884) 52 LT 45; (1869) 4 Ch 782; (1869) 4 Ch. 783; (1875) 10 Ch A 273; (1875) 10 Ch A 55.......who would dispute any fact, however plain and manifest." 11. If there is serious apprehension, as given vent to by the appellant and respondent Nos. 4, 6 and 7, as to the properties in question being wasted away, a prayer for appropriate remedy may be made before the Court where the ..Category: Property Law | Date: | Hits: 76
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ...... February 23rd, 1995 Cases Referred to- Roul Colinvaux in The Law of Insurance, 3rd Edition, 1970 at page 25; Black's Law Dictionary, 4th Edition, page 49; Halsbury's Laws of England, 3rd Edition, Vol. 1, at page 2; AN Ghose vs. Reliance Insurance Company, AIR 1934 (Rangoon) 1......ration....................Appellant Vs. Sanjib Kumar Das & another...................Respondent Judgment February 23rd, 1995 Cases Referred to- Roul Colinvaux in The Law of Insurance, 3rd Edition, 1970 at page 25; Black's Law Dictionary, 4th Edition, ......xed and more or less conventional meaning, or (3) if by the universal custom of some trade or business an artificial meaning peculiar to that trade or business has been attached to the words in question." 14. The same is the view taken by Rout Colinvaux in the Law of Insurance..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Hakim (Md) Vs. Genandra Nath Bashu Roy, 1995, 24 CLC (AD)
.... Suit No. 149 of 1967. They also claimed that the execution case could nor proceed at the instance of an Indian national through an invalid power of attorney. Their further case is that they are in possession of the suit land and under the provisions of Order 21 rule 99 of the Code of Civil Proc......hey also claimed that the execution case could nor proceed at the instance of an Indian national through an invalid power of attorney. Their further case is that they are in possession of the suit land and under the provisions of Order 21 rule 99 of the Code of Civil Procedure they could not be ......ported in: 47 DLR (AD) (1995) 95 ......ve no locus standi in the matter (Other Class Execution Case No.4 of 1993). The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 95 ..Category: Civil Law | Date: | Hits: 109
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ...... ...... was done arbitrarily and it was not in the public interest. The appellant did not join afresh or file joining report after the notifications dated 4th August and 4Lh September, 1990 and hence the question of personal hearing does not arise as he did not acquire any right; that since his appoint..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
.... land to him for a period of 99 years and transferring to him by hire purchase the house built thereon on payment of cost of the house. Md. Zahooruddin paid the entire cost of construction and the possession of the disputed property was handed over to him on 29.1.1963. While in possession he ent......iefly, is that the disputed house was originally allotted by the Government to one Md. Zahooruddin under memo dated 12.6.1962 followed by a proper deed of conveyance dated 16.1.1963 leasing out the land to him for a period of 99 years and transferring to him by hire purchase the house built there...... The 1st Court of Settlement and others............Respondents [In Civil Appeal No. 49 of 1994] Judgment February 22, 1995. Lawyers Involved: MI Farooqui Advocate, instructed by MG Bhuiyan, Advocate‑on‑Record‑ For the Appellant (In Civil Appeal ......he judgment of my learned brother ATM Afzal J. ATM Afzal J.- These two appeals by leave involve mainly consideration of a common question of law, namely, application of section 5 of the Abandoned Buildings (Supplementary Provisi..Category: Property Law | Date: | Hits: 86
Shahidul Islam (Md) & anr Vs. Md. Sayedur Rahman and others, 1995, 24 CLC (AD)
.... we are reluctant to interfere with the interlocutory order of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 70 ...... we are reluctant to interfere with the interlocutory order of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 70 ...... The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 70 ...... health conditions of the residents of the locality. 3. Defendants' main contention is that the suit area is a commercial area and there are shops and commercial buildings and, as such, the question of health hazard does not arise and that the defendants have set up Mills in that area af..Category: Civil Law | Date: | Hits: 95
Hasan Ali and others Vs. State, 1995, 24 CLC (AD)
....ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ......ulted in the aforesaid conviction and sentence, is that they had damaged a public road maintained by the Union Parishad and leveled up and amalgamated a part of the road with their adjoining paddy land, rendering the road almost impassable, Causing damage to a public road is an offence of sabota......tained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ......ate for the appellants, has referred to the judgments of the trial Court and the appellate Court which show that the road was "partially damaged"; but it is clear that the public road in question was damaged. As such, commission of the offence was complete. While granting leave as to t..Category: Criminal Law | Date: | Hits: 60
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ......ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ......igh Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ......on No 982 of 1994). Judgment: Shahabuddin Ahmed CJ: This appeal by leave calls in question an order of the High Court Division dated 12 June 1994 transferring a criminal case from t..Category: Criminal Law | Date: | Hits: 67
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....cused Mukhlesur Rahman along with 11 others being variously armed trespassed into the timber shop of the informant, under the name of 'Elahi Timber' at Biswanath Bazar with a view to Like forcible possession thereof and in course of the occurrence there the accused opened gun fire which resulted......o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ......gainst them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ......o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....atened the saint and Purahit showing deadly weapons, A General Diary was made in this regard at the Bandar thana. In the meantime the Authority served notice upon the Islami Sramik Shangha to restore possession of the premises used by them and finding no response filed an eviction proceeding against......rior notice to the detenu for ensuring observance of the rule of natural justice that a person must be heard before his rights are adversely affected. Rather the Supreme Court of Pakistan in the next land‑mark case of Mir Abdul Baqi Baluch 20 DLR (SC) 249 observed that "it has to be pointed out th......igh Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ......) of the Constitution was not authorised under the Rules. That being so, Article 55(5) says further:..............and the validity of any order or instrument so attested or authenticated shall not be questioned in any Court on the ground that it was not duly made or executed." 28. It is, however,..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......eal No. 87 of 1986 confirming the Subordinate Judge's Judgment and decree in Title Suit No. 46 of 1979. Questions raised in this appeal are whether specific performance of contract for sale of the land in suit should have been refused in the facts and circumstances of the case on the grounds tha......out, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......on perusal of the judgments of both the courts below we found no substance in his contention and refused him leave on the findings of facts and thereby closed this chapter. Now we shall go into the question of law to consider which leave was granted. Law on the subject is that the jurisdiction t..Category: Property Law | Date: | Hits: 69
Haider Ali Khan vs. State, 1995, 24 CLC (AD)
....ass the order of conviction and sentence. 5. There is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ......ass the order of conviction and sentence. 5. There is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ......ere is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ......in that neither in the trial Court nor before the High Court Division, this point was raised disputing the jurisdiction of the learned Magistrate. The petitioner will not be permitted to raise the question here for the first time. Further, the learned Advocate admits that section 448 was not tri..Category: Criminal Law | Date: | Hits: 74
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....suit land since the settlement. Under section 44 of the Transfer of Property Act, 1882 and section 4 of the Partition Act, 1893 the plaintiffs being stranger purchasers are not entitled to get any possession. She paid rent to the Government and tax to the municipality but the dakhilas and tax......ration that the compromise decree in Title Suit No. 145 of 1954 of the First Court of Munsif, Patuakhali was fraudulent and collusive and not binding on them. Their case, in brief, is that the suit lands, recorded in CS Khatian No. 406 of mouza Patuakhali, subsequently in SA Khatian Nos. 729 and...... Vs. Abdul Awal Mia and others.....................................................Respondents Judgment June 15th, 1994. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Mahabubey Alam, Advocate with him) instructed by Md. Sajjadul Huq, Advoc......er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ..Category: Property Law | Date: | Hits: 51
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