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Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ......business. The refused to vacate the suit premises in spite of several requests made on the ground of the plaintiffs own requirement. Although no notice of eviction was required to be served in the absence of any relationship of landlord and tenant, the plaintiff by a registered notice dated 14-8...... no relationship of landlord and tenant with the defendant observed that the learned SCC Judge had acted contrary to the pleading in determining the said two issues which was thus in excess of her jurisdiction. 10. In the plaint it has not been alleged at all that the defendant is a defau..Category: Property Law | Date: | Hits: 52
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....would be treated as an advance rent of the disputed premises; that plaintiff No.1 agreed in writing for adjustment of the aforesaid amount; that since July 1977 upto the month of December, 1984 the total rent for 90 months at the rate of Taka 135.00 per month would be Taka 12,150.00 and the remai......ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ......ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ..Category: Property Law | Date: | Hits: 56
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
....Mujibul Huq and others, 41 DLR (AD) 68, that in election matters the jurisdiction of the High Court Division cannot be invoked under Article 102 of the Constitution except on a very limited ground of total absence of jurisdiction (coram non-judice) or malice in law for the purpose of interfering wit......l Huq and others, 41 DLR (AD) 68, that in election matters the jurisdiction of the High Court Division cannot be invoked under Article 102 of the Constitution except on a very limited ground of total absence of jurisdiction (coram non-judice) or malice in law for the purpose of interfering with any ......it was stated in the petition and submitted before the High Court Division that the question of age of the petitioner being a disputed question of fact the same could not be decided in the writ jurisdiction, particularly, when the Returning Officer had decided the matter in favour of the pet..Category: Election Law | Date: | Hits: 129
Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 1996, 25 CLC (AD)
....ng Municipality comprising one storied building with kitchen and latrine on the eastern portion of RS Plot No. 2136 (part) measuring about 2-1/2 gandas and RS Plot No. 2131 measuring 11/2 gandas in total 4 gandas of land bounded on the east by RS Plot No 2130 and on the north west and south by ow...... that prayer for the proposed amendment of the plaint. The appeal is, therefore, dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 120 ...... that prayer for the proposed amendment of the plaint. The appeal is, therefore, dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 120 ..Category: Property Law | Date: | Hits: 52
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....aranteed by the Constitution in derogation of the 1 fundamental law it cannot be enforced. 9. Leave was granted to consider whether the learned Single Judge of the High Court Division upon a total misconception of the plaintiffs case and the law governing the subject, namely, Order 7 rule ......eed, subsequent thereto the plaintiff left for the United States of America on 3.12.92 for higher studies and after successful completion of his studies he returned home on May 31, 1994. During his absence from Bangladesh defendant No.1 together with her minor child were staying at the residence ......n the ground that the suit should have been filed before the Family Court as it was triable exclusively by that court under section 5 of the Family Courts Ordinance, 1985 as the civil Court had no jurisdiction to try the suit. 5. The trial Judge by his order No. 10 dated 23.11.94 rejected..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....f, Fulbaria against the respondent praying for balance dower money of Taka 250.00 and maintenance at the rate of Taka 500.00 per month for 11 years 1 & 1/2 months which comes to Taka 66,750.00 in total Taka 67,000.00 and for a decree of dissolution of marriage. By judgment and decree dated 3 1.5......n that the right to maintenance is guided by the personal law of the appellant and her son and that the High Court Division wrongly held that the appellant was not entitled to past maintenance in the absence of a written document. 3. The suit was filed by the appellant as plaintiff on the allegat......alternative remedies out of Court cannot, in all fairness, be so construed as to deprive her of the right of maintenance from the day when the cause of action accrued to her. The Courts have thus the jurisdiction to grant such maintenance subject of course to considerations of limitation and the rel..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
.... and Abdulla Sarder respectively, certified that the pumps were all right. It is also not disputed that Iqbal Hossain submitted an on account bill for Taka 9,20,000.00 on 5-12-87 (Ext. 32) out of the total estimated amount of Taka 22,92,000.00 and the bill having been passed by the other respondents......painting them. Although the pumps bore EMU name plates, they were found to be fake. The committee members were examined as P.Ws. 7,8,10 and 11. Admittedly the examination of the pumps was done in the absence of the supplier. However, all of them being highly responsible persons and some of them bein......vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ..Category: Anti-Corruption Laws | Date: | Hits: 92
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
....e High Court Division contending that WASA charge in the present case which the appellant was liable to pay to the landlord at a fixed rate of Taka 60.00 per month under the agreement was part of the total rent and non-deposit thereof along with the monthly rent of Taka 1098.00 with the Controller h......ect of any premises unless he pays the rent due by him in respect of such premises to the full extent allowable by this Ordinance 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 ....... 87) 322 (2) SK Chatterjee vs. Residence Limited 58 CWN 607 and (3) Karnani Properties Limited vs. Miss Augustine AIR 1957 SC 309. 17. In the first case one of the contentions raised was that the jurisdiction of the Rent Controller to fix the ‘standard rent’ of the ‘premises’ would not i..Category: Tenancy Law | Date: | Hits: 82
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
.... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ......t and continue till today, but nowhere in these rules any appellate forum has been provided from a decision of a Single Company Judge acting under section 38, nor could the Rules so provide in the absence of a specific rule making authority in this behalf under section 246 of the Companies Act. ......f view of Dr. M. Zahir and Mr. Rafique-ul-Huq. 10. Section 2(3) of the Companies Act, 1913 defines the words “the Court”. It says, “the Court” means the Court having jurisdiction under this Act”. Section 3(1) of the Companies Act provides as follows: ..Category: Business or Commercial Law | Date: | Hits: 118
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....1979 and reinstated on 21-6-1979. AKM Saidur Rahman joined the Bhola College on 16-9-1962 while the respondent initially joined the Dhaka College on ad hoc basis on 22-2-1964. Thus in counting the total length of service from the. date of their joining the first institution to the date of nation......ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ......hat the only prayer for striking down the impugned Rules on the alleged ground of discrimination having been refused, the High Court Division acted beyond the scope of the Rule and also beyond the jurisdiction under Article 102 of the Constitution in issuing the aforesaid direction upon them. ..Category: Constitutional Law | Date: | Hits: 174
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....nt and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ......rimarily to consider the case of the appellants for doing complete justice under Article 104 of the Constitution. When admittedly the appellant was working in Bangladesh Mission abroad and due to his absence from Bangladesh which was beyond his control, the parent Ministry failed to produce the rele......y for no fault or laches of his own and no remedy is available to the aggrieved person under the existing legal structure and if any valuable right is accrued to him Appellate Division in exercise of jurisdiction under Article 104 of the Constitution may provide the remedy on appeal under article 10..Category: Administrative Law | Date: | Hits: 167
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ......nsate defendant No. 1 for inflicting bodily injuries and assault on her by the plaintiff. 9. The learned Single Judge of the High Court Division observed in his judgment. “In the absence of any evidence of force, coercion or intimidation, the provisions of section 23 of the Con......easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ..Category: Property Law | Date: | Hits: 72
Mostafa Kamal (Md) Vs. First Court of Settlement and others, 1996, 25 CLC (AD)
....no illegality in the impugned judgment and order of the High Court Division. The petition is, therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 61 ......no illegality in the impugned judgment and order of the High Court Division. The petition is, therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 61 ......acts of the Court of Settlement refused rightly to interfere with the judgment of that court upon a correct appreciation of the legal principle that the High Court Division in exercise of its writ jurisdiction cannot Sit as a Court of Appeal over the judgment of the Court of Settlement for re-se..Category: Property Law | Date: | Hits: 48
Muzaffar Hossain Vs. Md. Humayun Kabir and others , 1996, 25 CLC (AD)
....d Judge rightly set aside the judgment and order of the Election Appellate Tribunal. The petition is, therefore dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 59 ......er prayed for recounting of ballots or that the election was materially affected due to corrupt practice of violation of any Election Rules. The learned Judge, therefore, rightly found that in the absence of any justification, recounting of ballots should not have been ordered, in the absence of......d Judge rightly set aside the judgment and order of the Election Appellate Tribunal. The petition is, therefore dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 59 ..Category: Others | Date: | Hits: 98
Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)
....he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ......he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ......urt Division erred in law in holding that the petition under section 7 of the Abandoned Property Ordinance, 1985 was incompetent, notwithstanding the fact that the Court of Settlement has exclusive jurisdiction to decide as to whether any property is abandoned property or not and that the said Co..Category: Property Law | Date: | Hits: 58
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
....of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ......of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ......oubt constitute the offence of defamation as defined in section 499 of the Penal Code. Under the circumstances, the High Court Division held that the Chief Metropolitan Magistrate acted beyond his jurisdiction in dismissing the petition of complaint without issuing process on the appellant. The ..Category: Criminal Law | Date: | Hits: 60
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
.... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ...... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ......f plaintiff No. 1 WB Industrial Corporation Ltd. at Kalurghat, Chittagong by the Bangladesh Shilpa Bank respondent No. 2 to Mr. Deen Mohammad Rana Respondent No. 1 is illegal, malafide and without jurisdiction and void. 2. The plaint case is, that plaintiff No. 1 took loan from the Bangla..Category: Business or Commercial Law | Date: | Hits: 107
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ......ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ......en if true do not support the accusation or any other offence against him. The charge itself may be impugned but it is not the function of the trial Court while framing charge or the Court exercising jurisdiction under section 561A Cr. P. C. to examine the admissibility, relevance, propriety or suff..Category: Anti-Corruption Laws | Date: | Hits: 105
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20....... 20. Respondent No. 3 did not allege in its affidavit-in-opposition that Mr. Sahjad Ali was the implied holder of the licence, nor did it object to the maintainability of the writ petition in the absence of Mr. Sahjda Ali as a co-petitioner. The objection, therefore, must be deemed to have been ......cial contract. Had there been no licence in favour of BTL then the agreement, standing alone, would have been a purely commercial contract, the cancellation of which could not have attracted the writ jurisdiction of the High Court Division but as the agreement merged into licence its terms and condi..Category: Information Technology Law | Date: | Hits: 242
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
.... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ......er whether the High Court Division had not acted as a Court of appeal in interfering with the findings of fact arrived at by the Court of Settlement and thereby exceeded its own jurisdiction in the absence of any finding that the Court of Settlement in arriving at the findings of fact had acted w......s granted to consider whether the High Court Division had not acted as a Court of appeal in interfering with the findings of fact arrived at by the Court of Settlement and thereby exceeded its own jurisdiction in the absence of any finding that the Court of Settlement in arriving at the findings..Category: Property Law | Date: | Hits: 57
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