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Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....ce must be an evidence of fraud or of undue advantage taken by the plaintiff. An allegation of fraud was, of course, made by the appellant in his defence, but it was rejected by the Courts below as totally baseless. Evidence on record shows that negotiation for the Agreement was made and price w......(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. ......tention 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 to decree specific performance is discretionary, and the Court is not bound to grant i..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 ...... articles allegedly stolen from the house of the informant being worth about Taka 5,000.00 as stated by PW I in his examination-in‑chief it is only the Village Court which had exclusive jurisdiction to try and dispose of the case and the learned Thana Magistrate acted illegally and wi..Category: Criminal Law | Date: | Hits: 74
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....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 ......ity but the dakhilas and tax‑receipts were looted during disturbance. 5. The trial Court dismissed the suit on the ground that it was barred by res judicata and not maintainable in the absence of any prayer for setting aside the compromise decree. On appeal the appellate Court decre......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
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ...... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ......overnment property. This order dated 8. 11.93 was impugned in the writ petition. 4. The High Court Division dismissed the writ petition summarily on the ground that respondent No. 1 had the jurisdiction to review its previous order alleged to have been obtained by fraud and misrepresentat..Category: Property Law | Date: | Hits: 62
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....JUK Mr. Rahmatullah (respondent No. 3) and some officials of RAJUK were ill‑disposed to the appellant and its success in the field of housing project and being determined to see the project spoiled totally, started maneuvering against the appellant's interest and having found in the new Secretary�...... 27.2.83 (Annexure B). It will be noticed that no time‑limit was given within which the appellant was required to complete its project. However that is not fatal to the Kartripakkha, because in the absence of a time limit the Kartripakkha can wait for a reasonable period to see whether the develop......ver mooted. Indeed the appellant has not taken any ground in the writ petition or in the leave petition questioning the authority of the Government to pass the impugned orders on the basis of lack of jurisdiction or principle of the promissory estoppel. 26. It will be seen that the Government ga..Category: Property Law | Date: | Hits: 79
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ......st the Advocate Commissioners' report dated 22.10.90 and 27.10.90 but did not file any written objection against the report dated 18.11.90. Nor did they pursue their objections in the Court. In the absence of any opposition to the reports of the Advocate Commissioners those were accepted by the ......extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ..Category: Civil Law | Date: | Hits: 106
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ......uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ......ngth. I am of the view that an order of remand in the facts of the case will be an exercise in futility. 3. The learned Counsel for the appellant has cited a number of decisions of foreign jurisdiction- Federation of Pakistan vs. Lt. Col. Z.A. Mazari 1958 PLD 472. Virendra Kumar vs..Category: Constitutional Law | Date: | Hits: 203
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ......86 in the Sylhet Bench of the High Court Division and obtained a Rule and stay of further proceedings of the suit. 5. During the pendency of the said civil revisional case, taking advantage of the absence of the appellant’s attorney who went to perform Hajj the defendants on 12-8-86 ousted the ......nd as defendant Nos.2-11 and the defendants of the earlier suit as pro-forma defendants. The suit was filed before the 2nd Court of Subordinate Judge, Sylhet but as at the relevant time the pecuniary jurisdiction of the Senior Assistant Judge was increased to Taka 1 lakh the plaint was returned and ..Category: Property Law | Date: | Hits: 59
AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)
....ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ......ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ......nd Presidential elections held under the Constitution. The petitioner has neither alleged coram non judice nor malice in law in the writ petition. Apparently, the Returning Officer, acting within his jurisdiction, took the view, that because of the pendency of appeals against several orders of convi..Category: Election Law | Date: | Hits: 133
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ......ing in effect ordered a further enquiry under section 436 Cr.P.C. in Criminal Case No. 182(c) of 1987 there was no warrant for exercising powers under section 561A Cr.P.C. for quashing thereof in the absence of a finding that even assuming that all the facts were admitted no offence was disclosed, b......ision that the proceedings against him will work harassment to him. In taking into consideration Annexures-A and B in quashing these proceedings as well the High Court Division exceeded the bounds of jurisdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The imp..Category: Criminal Law | Date: | Hits: 85
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ......der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ......1 (Dhaka) setting aside the judgment and decree dated 15 July 1985 passed by the Small Cause Court Judge, Bogra and directing the trial Judge to return the plaint to be presented to ‘a Court having jurisdiction’. The heirs of the original plaintiff, Haji Kasimuddin Mandal are the present appella..Category: Tenancy Law | Date: | Hits: 87
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ......sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ......rts the impugned judgment as the same is based upon a correct appreciation of the right to freedom of speech and expression which was advocated by himself with authorities from. American and Indian jurisdictions and accepted, rightly, by the Court. He repeatedly said that he has nothing to add e..Category: Intellectual Property Law | Date: | Hits: 279
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....nd then acquiring large areas of land in mouza Khilgaon, presently within PS Motijheel, for the Railway Board. Plaintiff-respondents’ 6.4650 acres of land had also been acquired and included in the total of more than 70 acres of such acquired land. The facts of the case have grown pretty long as t......nts including the fact of the earlier suit of the plaintiffs, Title Suit No.36 of 1968, it has been observed in the impugned judgment: “The main issue in this suit, therefore, is whether in the absence of a fresh notice under section 5(1a) following the decree in T.S. 36/68, the impugned acqui......d Kaikaus J made some observations therein which I find very apt. It reads (at page 354 of the report): “To permit a review on the ground of incorrectness would amount to granting the Court the jurisdiction to hear appeals against its own judgments or perhaps a jurisdiction to one Bench of the..Category: Property Law | Date: | Hits: 80
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
.... the Ministry of Establish (Annexure A to the Writ Petition) proposing to up six permanent Benches of Taxes Appellate Tribunal, abolishing existing 32 posts in Additional Benches and increasing the total work force to an additional 1110 employees. On 7.12.91 all the writ petitioners were informed......Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ......unilateral and void. In internal affairs between different Ministries/Divisions, particularly when a decision on a controversy can be given by the higher authority, it is highly improper that writ jurisdiction wilt be exercised. 8. In the very first place we find the submission of Mr. Abd..Category: Constitutional Law | Date: | Hits: 161
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ......ion 5(5) of the 1953 Act except a proviso which is under consideration has been added as section 6(5). Hamoodur Rahman, J. (as his Lordship then was) sitting single in the 9 DLR case held that in the absence of a sanction a Special Judge has no jurisdiction either to take cognizance of the offence c...... were considered in that case and as are also relevant in the present case read as follows: “4. Jurisdiction of Special Judges and cognizance of cases by them.-(1) A Special Judge shall have jurisdiction within such territorial limits as may be fixed by the “Government” by notification..Category: Anti-Corruption Laws | Date: | Hits: 92
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
.... the learned Single Judge of the High Court Division acted wrongly in refusing to exercise his revisional jurisdiction in the present case when the judgment of the lower appellate Court is based on total non-consideration of all the six witnesses of the pre-emptee-appellants and when non-consider......pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ......were examined by the pre-emptee appellants. 5. Leave was granted to consider whether the learned Single Judge of the High Court Division acted wrongly in refusing to exercise his revisional jurisdiction in the present case when the judgment of the lower appellate Court is based on total n..Category: Property Law | Date: | Hits: 60
Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)
....igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ......igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ......ong in comparing the signature of the appellant appearing in the alleged application dated 25-3-1976 with his admitted signatures. Rather, the learned Judge of the High Court Division exceeded his jurisdiction in revision in entering into a question of fact and in comparing the signatures himsel..Category: Procedural Law | Date: | Hits: 133
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ......ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ......nt form, though, in fact, he failed to passed the BA examination. Although the Administrative Tribunal held that the proceeding and order of compulsory retirement was illegal and void being without jurisdiction, but dismissed the appellant’s case by the judgment and order dated August 17, 1..Category: Administrative Law | Date: | Hits: 138
Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)
....the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ......the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ...... and dismissed the Suit. 7. Mr. Rafiq-Ul-Huq, learned Advocate appearing for the plaintiff-petitioner, submits that the learned Single Judge of the High Court Division exercising revisional jurisdiction acted wrongly in setting aside the finding of fact of the last court of fact and, as s..Category: Property Law | Date: | Hits: 63
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
....o a port of repair she might sink. The costs of maintenance being heavy the plaintiff finally with the leave of the Court sold the ship as scrap for US $ 6,10,000.00. The plaintiff filed a claim of total loss with the defendant. The defendant did not dispute the accident, but it refused to pay t......, the English law and practice will be applied as the Institute Time Clause (Hull) attached to the policy clearly stipulates: “This Insurance is subject to Bangladesh Law and Practice and in absence of the same English law and practice.” Under private international law, the parties h...... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ..Category: Business or Commercial Law | Date: | Hits: 151
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