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Shameen Vs. Government of Bangladesh & others, 1995, 24 CLC (AD)
....y of the prisoner must specify the case of detention and discharge the burden of proof in lawful justification of the detention. The detaining authority making return to the rule is to place relevant facts before the court. Where the respondents do not file any return, as in this case, the Court can......Government of Bangladesh & others.........Respondents Judgment March 14, 1995. Result: The appeal is allowed. Cases Referred to- Md. Shahabuddin Vs. District Magistrate, 24 Parganas and others (1975) 4 SCC 114; Altaf Ahmad Matoo Vs. State and others, 1989 Crl LJ 1270. Lawyers In......l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed. This case is also reported in: 47 DLR (AD) (1995) 109. ..Category: Criminal Law | Date: | Hits: 75
Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)
....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 ......t. Md. Fazlul Karim, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondent. Civil Appeal No. 24 of 1994. (From the judgment and order dated 2.12.1993 passed by the High Court Division in Civil Revision No. 3823 of 1991). ......erse possession. 5. In revision, the learned Judge of the High Court Division observed that the plaintiff had not made out any case of adverse possession either in the plaint or even by any evidence on record. The learned Judge concluded that the appellate Court had committed an error of ..Category: Property Law | Date: | Hits: 47
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....ctively, will show the tendency to limit proceedings under the Trustee Act. In one other case, (1875) 10 Ch A 273, and in yet a second case, (1875) 10 Ch A 55 the proceedings appear summary and the facts not disputed. Moreover, referring to the words of section 74 itself, it would appear that a ......ord ‑ For the Respondent Nos. 4‑7. Shamsul Hoque Siddique, Advocate‑on‑Record For the Respondent No. 8. Civil Appeal No.30 of 1994. (From the Judgment and Order dated 9.5.93 passed by the High Court Division in Civil Order No. 2807 of 1993). J......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 ..Category: Property Law | Date: | Hits: 76
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....es was taken out by the plaintiff from Green Delta Insurance Company Ltd, but the plaintiff did not disclose this fact to the appellant and therefore, there was a fraudulent suppression of material facts causing serious breach of utmost good faith. It is evident from the survey report, it was al...... 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) 15......, Allotment Committee PLD 1987 (SC) 145 as under: "A solemn decision upon a point of law arising in any given case becomes an authority in a like case, because it is the highest evidence which we can have of the law applicable to the subject, and the Judges are bound to follo..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Munern Chowdhury @ Momen Vs. State, 1995, 24 CLC (AD)
..... 5. There is thus absolutely no reason to interfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ......Ali, Advocate‑on‑Record‑ For the Petitioner. Not represented ‑For the Respondent. Criminal Petition for Leave to Appeal No. 13 of 1995. (From judgment and order dated 4th December, 1994 passed by the High Court Division, Dhaka in Criminal Revision No......e could not rely upon the documents produced by the petitioner. 4. The High Court Division in rejecting the revisional application summarily observed that the trial Court considered all the evidence that were before it and was not in a position to hold that the petitioner was a child on t..Category: Criminal Law | Date: | Hits: 66
Abdul Hakim (Md) Vs. Genandra Nath Bashu Roy, 1995, 24 CLC (AD)
.... the same date. 2. Mr. Md. Faz1uI Karim, learned Advocate for the petitioners frankly submits that the objection as to limitation as raised by the petitioners is not tenable in view of the facts found in the impugned judgment. He, however, submits that the petitioners' application under ......preme Court Appellate Division (Civil) Present: MH Rahman CJ ATM Afzal J Mustafa Kamal J Abdul Hakim (Md) being dead his heirs Muhammad Mashukul Alam and other ……… Petitioners Vs. Genandra Nath Bashu Roy being dead......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
Yakub Ali Vs. State, 1995, 24 CLC (AD)
..... In the instant case these provisions under Chapter XVI are not applicable because the Magistrate has not taken cognizance under section 200. It is not disputed that upon receiving a complaint of facts a Magistrate without taking cognizance under section 200 may order an officer‑in‑......li, Advocate‑on- Record‑ For the Petitioner. Not Represented ‑ For the Respondents. Criminal Petition for Leave to Appeal No.37 of 1995. (From judgment and order dated 13 February, 1995 passed by the High Court Division, Dhaka in Criminal Misc. Case N...... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ..Category: Criminal Law | Date: | Hits: 62
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
.... a mitigating circumstance in reducing the sentence. Leave was also granted to consider whether the fact of confirmation of the sentence of death after about 4 years of the passing thereof, in the facts of the case, can be a matter in favour of the accused for commuting the sentence of death. ......ellant. M Shamsul Alam, Deputy Attorney‑General, instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Respondent. Jail Appeal No.1 of 1994 (From the Judgment and Order dated 11 January 1994 passed by the High Court Division, Dhaka in Death Reference No. 2 o......fled away from the house with her Lalto bhai, one Siraj, who might have committed the murder. 6. The order of conviction rests upon the confession made by the accused and the circumstantial evidence, such as, recoveries made at his instance. The confession was no doubt retracted at a late..Category: Criminal Law | Date: | Hits: 73
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....ection 5 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985), briefly, the Ordinance. Accordingly they are taken up together for disposal although the facts of the two cases are different and they arise out of two different proceedings. 3. Ci...... Muhammad Habibur Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J C Q M H Md. Ayub Ali ..............................Appellant Vs. Bangladesh and others ........................Respondents [In Civil Appeal No. 80 of 19931] Mrs. Laila...... building by the Government or by any officer or authority subordinate to it to any person. (2) The lists published under sub‑section (1) shall be conclusive evidence of the fact that the buildings included therein are abandoned property and have vested in..Category: Property Law | Date: | Hits: 86
Shahidul Islam (Md) & anr Vs. Md. Sayedur Rahman and others, 1995, 24 CLC (AD)
....plaintiff with a direction to dispose of the suit within three months. 6. Mr. Jahangir Kabir, learned Advocate who appeared before us with the leave of the court wanted to argue that in the facts and circumstances of the case the learned Single Judge of the High Court Division ought not t...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Shahidul Islam (Md) and another......................Defendant‑Petitioners Vs. Md. Sayedur Rahman a...... 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 ..Category: Civil Law | Date: | Hits: 95
Hasan Ali and others Vs. State, 1995, 24 CLC (AD)
....in question was damaged. As such, commission of the offence was complete. While granting leave as to the sentence, it was mentioned that the sentence was to be considered also in view of the "facts and circumstances of the case". We have perused the judgments of both the Courts, but we...... Appellate Division (Criminal) Present : Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hasan Ali and others ...............................Accused‑Appellants Vs. State…&h......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 ..Category: Criminal Law | Date: | Hits: 60
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ......ecord -For the Appellant. A Rab Chowdhury, Advocate instructed by ANM Manjurul Hasan Advocate- on- Record- For the Respondent. Civil Appeal No. 24 of 1993 (From the Judgment and Order dated 22.10.91 passed by the High Court Division in Writ Petition No. 128 of 1987). ...... ingredients of any dishonesty, corruption or misconduct and that there was no enquiry and the respondent was not given any opportunity of cross‑examining prosecution witnesses or adduce evidence in support of his defence and that he was not given a copy of the enquiry report for the ..Category: Employment/Service Law | Date: | Hits: 134
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....lication for bail on the ground of illness supported by a medical certificate. This time his prayer for bail was not opposed by the Public Prosecutor and the Sessions Judge on consideration of the facts and circumstances of the case, which was pending for a long time, granted the bail. From this......Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MA Rahman J ATM Afzal J Mustafa Kamal J Sirajul Islam (Md). Alias Siraj Madbar and others........Accused‑Appellants Vs. Keramat Ali Bhuiyan and other...............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 ..Category: Criminal Law | Date: | Hits: 67
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
.... in the name of further investigation made the informant and witnesses of the case accused in the same case resulting in an unusual order of quashment passed by the High Court Division which in the facts and circumstances of the case appears to have been rightly passed. 2. Briefly stated,...... Present: Shababuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Afia Khatoon ........................Petitioner Vs. Mobasswir Ali and others............................Respondents Judgment July 13th, 1994. Law......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)
....m this Division on 23 May, 1993 pending disposal of its petition for leave to appeal. Leave was granted on 17 June, 1993 and the order of stay was extended till disposal of the appeal. 3. Material facts of the case are that the detenu joined the Chittagong Port Authority in December, 1962 as Assi......Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh ………………………………………………………………………Appellant Vs. Dr. Dhiman Chowdhury and others.........................Respondents Judgment August 9, 1993. Cases Referred to- ......vernment had been ‘satisfied' that with a view to preventing the person from acting in a certain manner certain action was necessary, are not correct. If in any case a detenu can produce admissible evidence to the effect that the recitals in the order are not correct, the mere existence of the rec..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....e 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 that the plaintiff‑respondent violated an......al J Latifur Rahman J Quazi Din Mohammad......... …………………….Defendant‑Appellant Vs. Al‑haj Arzan Ali and another.................. Plaintiff‑Respondents Judgment July 11 th 1994....... an agreement for sale about which he did not know anything till he received a copy of the plaint of the suit along with a notice. 5. The learned Subordinate Judge, on consideration of the evidence, oral and documentary, rejected the appellant's pleas and held the agreement (Ext. 2) to b..Category: Property Law | Date: | Hits: 69
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 ......ahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sova Rani Guha alias Sova Rani Gupta ....................................Appellant Vs. Abdul Awal Mia and others.....................................................Respondents Judgment Ju......an explanation was given for non‑production of the original Kabala, the High Court Division ought to have reversed the finding of the Appellate Court that the Ext. A II was not admissible in evidence. The appellant further submits that the appellate Court and the High Court Division did no..Category: Property Law | Date: | Hits: 51
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
....d that in the High Court Division the respondents did not have any opportunity to file any affidavit‑in‑opposition and therefore the Government did not have any opportunity to state the facts. The respondents therefore filed an additional paper book and contended that by a notice dat...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Mohammad Salem Azam and others.................................Appellants Vs. The Secretary,...... 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 ..Category: Property Law | Date: | Hits: 62
State Vs. MA Malik, 1995, 24 CLC (AD)
....ing with an eye on section 497(1) Cr.P.C. for the purpose of bail only. This finding also answers the second submission made on behalf of the State. The learned Judges after noticing the particular facts of the case observed: "Thus not only there is in our view good prima facie...... Kh. Mahbub Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 108 of 1994. (From judgment and order dated 28th August, 1994 passed by the High Court Division, Dhaka in Criminal Misc. Case N......ntering into the merits of the case and granting anticipatory bail upon a finding that there are reasonable grounds for believing that the accused is not guilty of the offence which is based on no evidence causing serious prejudice to the prosecution. 9. Secondly, he submits that the resp..Category: Criminal Law | Date: | Hits: 64
Samsun Shipping Corporation Vs. Hossain and Sons and others, 1995, 24 CLC (AD)
.... Latin American Shipping Corporation (1983) 1 All ER 1121 and the case of British India Steam Navigation Co. Ltd. vs. Shanmughavilas Cashew Industries and others (1990) 3 SCC 481, but ‑ in the facts and circumstances of the case we do not think that the cited cases have any relevance to the ...... (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Samsun Shipping Corporation.................Petitioner Vs. Hossain and Sons and others...............Respondents Judgment October 31 st, 1994 Cas......e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 228
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