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Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......tence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ...... to have been received by the appellant from the complainant as loan upon execution of a hand note became the money of the appellant as soon as it was delivered to him and as such there cannot be any question of entrustment with the said money so far as the appellant is concerned and the use of such..Category: Criminal Law | Date: | Hits: 78
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
.... suit. 2. The plaintiff brought the suit for declaration of his title to the suit land. His case, as disclosed in the plaint, is that defendant No. 1 Hemanta Kumar Arang being the owner in possession of the said land entered into a contract with him for sale of the same for a considerati......dge, Additional Court, Mymensingh in Other Class Suit No. 270 of 1979 and thereby dismissing the said suit. 2. The plaintiff brought the suit for declaration of his title to the suit land. His case, as disclosed in the plaint, is that defendant No. 1 Hemanta Kumar Arang being the o......;……………………………….Respondents Judgment July 25, 1996. Lawyers Involved: Khondaker Mahbubuddin Ahmed, Senior Advocate, MA Wahab Miah, Advocate with him, instructed by Sharifuddin Chaklader, A......the learned Munsif should not have allowed the plaintiff to set up a case of adverse possession at the last moment during the argument. The plaintiff never set up any such case in his plaint. The question of acquisition of title by adverse possession involves questions of both law and fact. ..Category: Property Law | Date: | Hits: 72
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
.... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ...... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ......p; Md. Abdur Rouf J BB Roy Choudhury J Resima Sultana……………….Plaintiff-Appellant Vs. Khaez Ahmed Mojumder.......Defendant Respondent Judgment ......of 1993 (From the judgment and order dated 22nd and 29th April, 1993 passed by the High Court Division in Civil Revision No. 1366 of 1992). Judgment: ATM Afzal CJ: The main question raised for decision in this plaintiffs appeal by leave is whether a family court has powe..Category: Family Law | Date: | Hits: 144
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....south Medini Mondal PS Lauhajang, District Munshiganj to the appellant by a registered kabala dated 11-1-1965 corresponding to 27th Poush 1371 BS for consideration of Taka 1,000.00 and handed over possession of the said land to the appellant. On the same date a contemporaneous agreement was made......sion Bench of the High Court Division rejected Writ Petition No. 1950 of 1992 filed by the appellant summarily. 2. Facts of the case, briefly, are, that respondent No. 4 sold 0.87 acres of land of CS Plot No. 570 under CS Khatian No. 228 of mouza south Medini Mondal PS Lauhajang, Distri...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Anwaruddin Bepari…………………..Pur......72 long before the promulgation of President’s Order No. 88 of 1972 on 3.8.1972, respondent No. 4 filed RP case No. 67 of 1973 on 25.6.1973 against the appellant for redemption of the land in question wider the previsions of said Presidents Order No. 88 of 1972 which was allowed ex parte on..Category: Property Law | Date: | Hits: 88
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ......cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ...... Mofizur Rahman and others ………….Respondent Judgment March 5th, 1996 Cases Referred to- Vaish Degree College vs. Lakshmi Narain AIR 1976 (SC) 888; Panchkaxi Halder vs. Puma Chandra Halder 1984(2) CU 89; AISSE Assocn, vs. De......5 passed by the High Court Division, Dhaka in Writ Petition No. 21 of 1995). Judgment: ATM Afzal CJ: The moot question in this appeal by leave is whether the High Court Division is right in holding that a rec..Category: Others | Date: | Hits: 85
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ......eaning of sub-section (1). A Court of Session and a Martial Law Court are classes apart and function under altogether different legal systems. One is an ordinary Court under the ordinary law of the land; the other is an extraordinary Court under an extraordinary system which operates by abrogati......above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ......he aforesaid Proclamation which has no application in he facts of the present case. That it is so is obvious and therefore no further discussion is necessary on the point. 12. The only question is whether provisions of section 349A of the Code of Criminal J Procedure are applicable ..Category: Criminal Law | Date: | Hits: 120
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
.... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ...... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ...... Abdul Latif Chokder …………………………Respondent Judgment July 25, 1996. Case Referred: Managing Director, Rupali Bank Limited and others vs. Tafazal Hossain and others 44 DLR (AD) 260. ......ident was the appointing authority of the respondent who was a Class I Officer and, as such, the order of removal passed by the Comptroller and Auditor General was void. 5. The only question that was initially raised in this appeal was, whether the Comptroller and Auditor General ..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ......The Full Court Judgment. (31) Article 102 Powers of High Court Division to issue certain orders and directions—Dimension of such powers— Article 102 of our Constitution is not an isolated island standing above or beyond the sea-level of the other provisions of the Constitution. It is a par......Division Judgment Here. Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Dr. Mohiuddin Farooque……………………………………………………………………..Appellant......ved and has the right to invoice the jurisdiction under Article 102: Per Mustafa Kamal J delivering The Full Court Judgment. ……(47-48) Per A TM Afzal J (agreeing): The Court in considering the question of standing in a particular case, if the affected party is not before it, will enquire as t..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....f 1984, was restored to its file and number. They also prosecuted the ‘suit, which was ultimately decreed on contest on 27-12-87, declaring the plaintiffs’ title to and confirmation of possession in 2.12 acres of land. But the plaint of the suit was not formally amended incorporating...... file and number. They also prosecuted the ‘suit, which was ultimately decreed on contest on 27-12-87, declaring the plaintiffs’ title to and confirmation of possession in 2.12 acres of land. But the plaint of the suit was not formally amended incorporating the petitioners’ name......p; Judgment January 26, 1997. The Code of Civil Procedure, 1908 (V of 1908) Section 152 & Order XXII rule 3 It is the right of the heirs of the deceased plaintiff to file in court an application for substitution and a corresponding duty has been cast upon......cord. An error on the face of the record had been committed by the trial court by non-recording the present appellants as substituted plaintiffs in the plaint and refusing to draw up the decree in question accordingly. The legislative intent under section 152 CPC is that even in the absence of a..Category: Property Law | Date: | Hits: 88
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
.... 8. Mr. Pal next submits that the High Court Division held in contravention of law that since there was a salish between the parties Ext. 7 to the effect that defendant No. 2 would deliver khas possession in favour of the plaintiff there was no necessity of service under section 106 of the Tr......e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ...... Yusuf Ahmed & another……………….Respondent Judgment July 9, 1997. The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 15 Requirement of the demised premises for an adult son ......d on 1-1-90, which is contrary to section 106 of the Transfer of Property Act. 5. All the courts below found that the petitioner was a defaulter in payment of rent and therefore the question whether the lease expired on 1-1-90 is not very material. 6. Mr. Pal next s..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....5, 1974 to sell the same at a consideration of Taka 4,80,000.00 and on that date they on receipt of Taka 2,00,000.00 in cash from him executed a deed of agreement and promised thereunder to deliver possession thereof after registration of the sale deed, which was to be executed after obtaining p......ating, inter alia, that defendant No.1 Hanif Brothers, a partnership concern, and defendant No. 2. Mr. Abdur Rouf, its Managing Partner, as the owner of the suit property, measuring 15.5 Kathas of land and a building standing thereon, on plot No.49 Block No. CES(A). Gulshan Model Town, Dhaka, ha......ip;……………….. Respondents Judgment June 4, 1997. The Code of Civil Procedure, 1908 (V of 1908), Or. IX r. 13 It is a cardinal principle of administration of justice that no result of any judicial proceeding should be all......ility for not placing the adjournment application before the presiding Judge, there is no basis for holding the plaintiff guilty of committing fraud upon the Court to manage the ex parte decree in question. 11. Leave was granted to consider the following submissions made on behalf ..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ......afa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Secretary Ministry of Post and Telegraph, Bangladesh Secretariat, Dhaka…………&hellip......e from duties and misconduct being not authorised by law, the Appellate Tribunal was justified in setting aside the impugned judgment of the Administrative Tribunal. 13. Now the main question is, whether in the facts and circumstances the plea of double jeopardy is available to res..Category: Administrative Law | Date: | Hits: 119
Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)
....es of land against its owner respondent No. 2 Shibajee Prasad Dam alias Shibu. Upon two applications for temporary injunction restraining the petitioner from interfering with the respondent’s possession therein the learned Subordinate Judge directed both the parties on 17 October 1996 to m......nt No.3 in Title Suit Nos.18 and 19 of 1996 pending in the Second Court of Subordinate Judge, Munshiganj, Respondent No.1 brought the suits for enforcement of a contract for sale of 10.73 acres of land against its owner respondent No. 2 Shibajee Prasad Dam alias Shibu. Upon two applications for ......…………Respondents Judgment March 11, 1998. The Code of Civil Procedure, 1908 (V of 1908), Or. XL r. 1 The Appellate Division is reluctant to interfere in the matter of appointment of a receiver unless the circumstances are of such exception......case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ..Category: Property Law | Date: | Hits: 87
....eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
......eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
......orted in: 50 DLR (AD) (1998) 189.
......as no date mentioned in the letter of authority but it (date) appeared mysteriously while the same was lying in Court. The High Court Division observed that it was not possible to decide the disputed question.
12. Be that as it may, what does it matter if the Chairman had already authorised the..
Category: Business or Commercial Law | Date: | Hits: 163
Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)
....lication by the plaintiffs for temporary injunction against defendant Nos. 1 and 2 the Subordinate Judge made an interim order on 16 June, 1996 directing the parties to maintain status quo respect of possession of the disputed CS Plot 71 measuring 0.41 acre of land. The plaintiffs subsequently made ......efendant Nos. 1 and 2 the Subordinate Judge made an interim order on 16 June, 1996 directing the parties to maintain status quo respect of possession of the disputed CS Plot 71 measuring 0.41 acre of land. The plaintiffs subsequently made another application praying for mandatory injunction upon def......…………………………………………….Respondents Judgment February 10, 1998. The Specific Relief Act, 1877 (I of 1877), Section 55 The High Court Division has rightly pointed out that an order of mandatory injunction cannot be sustained if the subject matter of the dis......roperty so that on account of vagueness disputes do not erupt. In this view of the matter we find no reason to interfere with the impugned judgment. Furthermore, the instant case does not involve any question of law of public importance. Accordingly, the petition is dismissed. Ed. This C..Category: Property Law | Date: | Hits: 101
Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)
....n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ......n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ...... The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ......lf-same grounds have been urged before us. 6. The facts alleged in the petition of complaint undoubtedly disclose criminal offence and it is not a case of civil nature. So far as the question of jurisdiction is concerned the High Court Division has aptly pointed out that since in ..Category: Criminal Law | Date: | Hits: 79
Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)
....d above, we do not find any illegality in the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ...... Principle of Hindu Law, Section 205 Learned judges of the High Court Division are correct in holding that in view of the provision of section 205 of the Hindu Law alienation of the suit land to the transferee is valid during the lifetime of the transferor and the same will not be bin...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Sharashibala Sarkar and others…………………...Plaintiff-Petitioners Vs. Patani Sundari Dassaya and another………&he......d above, we do not find any illegality in the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ..Category: Property Law | Date: | Hits: 61
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
.... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ......ely, whether it was a revenue expenditure by the appellant or whether it was liable to tax also in the hands of the appellant according to the dictum of Rowdatt. J in the case of Commissioners of Inland Revenue vs. FB Sanderson 8 Tax Cases 38, 44. 26. In view of the discussion above, we ......ellip;…………..Respondent Judgment July 29, 1997. The Income Tax Act, 1922 (XI of 1922)Section 23(3) read with The Income Tax Ordinance, 1984 (XXXVI of 1984), Section 160 The price differential or the windfall profit hav......ed 30-11-1992 passed by a Division Bench of the High Court Division in Application No.133 of 1991 filed by the appellant under section 160 of the Income Tax Ordinance, (XXXVI of 1984) deciding the questions of law referred to it against the appellant. 2. Material facts of the case ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Niman Ali Vs. Ramizuddin and another, 1998, 27 CLC (AD)
....sp; Mustafa Kamal J.- On a complaint by the informant-petitioner that he purchased some lands measuring 0.88 acre from Taher Ali, father of accused-respondent Ramizuddin and is in possession of the same and that accused Ramizuddin and Abdus Shahid created a false and forged deed......Judgment Mustafa Kamal J.- On a complaint by the informant-petitioner that he purchased some lands measuring 0.88 acre from Taher Ali, father of accused-respondent Ramizuddin and is in posses...... The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 162. ......essions Judge, affirmed by the High Court Division, calls for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 162. ..Category: Criminal Law | Date: | Hits: 73
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ......against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ......malendu Bikash Roy Chowdhury J Bangladesh, represented by Secretary, Establishment Division and others……………… Appellants Vs. Mahbubuddin Ahmed……...Respondents. Judgment February 2, 1998. ......e, submitted that in any case the impugned judgment should not be allowed to survive. 14. Dr. Kamal Hossain learned Counsel, appearing for the respondent, submitted that if it were a question of ordinary dismissal from service under ordinary law in normal times then the bar under A..Category: Administrative Law | Date: | Hits: 125
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