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Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....t connection, the Lay‑out Plan was sought to be re‑aligned in such a way as to spoil the entire scheme. These acts and conduct of the RAJUK unerringly indicate something mala fide. In view of the facts and circumstances in particular, the conduct of the DIT, now RAJUK, the proposed acquisition, ...... J ATM Afazl J Mustafa Kamal J Latifur Rahman J Grihayan Limited.........................Appellant Vs Government of Bangladesh, through the Secretary, Ministry of Public Works and Urban Development, Bangladesh Secretariat, Dhaka and others .....................Respondents ...... respondent No. 1 pass the various impugned orders in Annexure‑H series, making a freelance exercise of excluding some lands from acquisition, then again including it? Is this exercise a conclusive evidence of vesting of property in the Government? The learned Additional Attorney‑General's argum..Category: Property Law | Date: | Hits: 79
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
....uashed by the appellant in Criminal Revision No. 1768 of 1992 taking the grounds that it was out and out mala fide, started at the instance of a Cabinet Minister out of political rivalry and that the facts alleged against him do not constitute any criminal offence of misappropriation, cheating or fo......or the Appellant. Amirul Kabir Chowdhury, Deputy Attorney General, instructed by B. Hossain, Advocate-on‑Record ‑For the Respondent. Criminal Appeal No.12 of 1993. (From the judgment and order dated 15‑7‑93 passed by the High Court Division in Criminal Revision No. 1768 of 1992)...... 15 July 1993, discharged the Rule issued earlier on the said revisional application observing that at this stage the question of mala fide intention could not be determined which can be done only on evidence during the trial. 2. Facts of the case are, that the appellant was a member of Parliamen..Category: Criminal Law | Date: | Hits: 76
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....nd temporary injunction was passed by the trial Court on 29.11.90 the appellants did not stop the construction but continued to give finishing touches to it. 15. it does not appear from the facts and circumstances of the case that the matter is purely a concern between the private rights ......urt Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Babul Kanti Das and others....................Appellants Vs. Abul Hashem and others...............Res......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)
....e High Court Division for disposal on merit. The matter was, however, heard extensively. After considering the submissions of the parties at length. 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......ATM Afzal J Mustafa Kamal J Latifur Rahman J Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps .............Appellant Vs. Government of Bangladesh and other .......................Respondents Judgment August 18th, 1994. Case......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 ..Category: Constitutional Law | Date: | Hits: 203
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....1350 of 1993 in the High Court Division and obtained a Rule. By the impugned judgment and order the learned Judges of the High Court Division disallowed the amendment of plaint on the ground that the facts of a later suit cannot be incorporated in the pleadings of an earlier suit and that the amendm...... Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Khaledur Reza Chowdhury (Md)……………………………………………..Appellant Vs. Saleha Begum and others…………………….Respondents Judgment August 14, 1996. Result: The ap......o be sold but by collusively changing bainapatra the area to be sold was shown as 1.09 acre. The appellant trespassed into the suit land and the suit was false. 4. In June, 1986 both sides adduced evidence the trial of the suit. But at the time of argument the defendants’ lawyer pointed out tha..Category: Property Law | Date: | Hits: 59
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....r. Case No. 223(c) of 1990 pending in the Court of Upazila Magistrate, Sadar, Jessore under sections 354 and 384 of the Penal Code instituted by the appellant against the said respondent. 2. Brief facts of the case are, that in Criminal Case No. 182(c) of 1987 a petition of complaint was filed by......ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Rahela Khatun ……………………………….Appellant Vs. Abul Hassan and others……………………….Respondents Judgment August 6, 1996. Resul......Sessions Judge, Jessore by judgment and order dated 10-7-89 set aside the order of discharge passed by the learned Magistrate, also giving reasons and opined that the learned Magistrate ought to take evidence of the complainant’s witnesses. 3. Against the said order of the learned Additional S..Category: Criminal Law | Date: | Hits: 85
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....iff, Haji Kasimuddin Mandal are the present appellants while the defendant is the respondent. 2. The judgment of the High Court Division appealed against is all too brief and does not disclose the facts of the case nor does it dwell upon the legal propositions involved to any extent of satisfacti......6) 205 ......m whom he subsequently purchased the same by two registered kabalas dated 7 April 1979. 5. The Small Cause Court Judge, on consideration of the facts and circumstances of the case and the material evidence on record, found that the defendant was a tenant under the plaintiff having been inducted i..Category: Tenancy Law | Date: | Hits: 87
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
.... Martial Law Administrator as he was found undesirable for his misbehaviour and misdemeanour with the employees of the corporation. 5. The learned Subordinate Judge, on consideration of the facts and circumstances of the case and the evidence on record, came to the findings that the impug......18 of 1994] Government of Bangladesh………………….…….Petitioner [In Civil Petition No. 39 of 1994] Vs. Rakibuddin Ahmed and others……………………Respondents Judgmen......undesirable for his misbehaviour and misdemeanour with the employees of the corporation. 5. The learned Subordinate Judge, on consideration of the facts and circumstances of the case and the evidence on record, came to the findings that the impugned order of termination was malafide as it..Category: Employment/Service Law | Date: | Hits: 77
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
....erchandise. The writ-petitioners claimed that they had a right to be assessed as per SRO in force on the date of the opening of the letters of credit. 3. It will be sufficient to notice the facts of only one case because the facts in all the petitions are basically the same giving rise to......iminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Collector of Customs, Chittagong and Others……………………………&...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ..Category: Business or Commercial Law | Date: | Hits: 126
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....iled further concise statements after hearing the submission of the learned Additional Attorney-General. 6. In order to appreciate the point at issue in these appeals we may now turn to the facts of the case which are nearly common. The writ-petitioner-respondents are engaged in the busin......urt Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bangladesh National Curriculum and Text-Book Board…………. Appellant (In Civil Appeal Nos. 76 & 77 of......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. ..Category: Intellectual Property Law | Date: | Hits: 279
Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)
....g on the part of the Kartripakkha if it leans on one side and in any case a building cannot be demolished unless it comes within the mischief of sub (5) of section 3B which is not attracted in the facts and circumstances of the case. Also the Kartripakkha never asked the appellant to demolish th...... Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J Abdus Satter (Md)............................ Appellant. Vs. Bangladesh and others………………. Respondents. Judgment A......ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ..Category: Business or Commercial Law | Date: | Hits: 136
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....de those of the High Court Division dated, 10 November, passed in Civil Revision No. 324 of 1988 and dismissing Title Suit No. 147 of 1984 of the 3rd Court of the Subordinate Judge, Dhaka. 2. The facts of the aforesaid Title Suit No.147 of 1984 leading to the appeal to this Division have been se......lso Reported in: 48 DLR (AD) (1996) 178.......basis of notices served in the manner on 23-4-73.” Ultimately, it has been held: “Having considered the fact of the case carefully we are clearly of the opinion that there was neither any evidence that public notice was not served nor the decree in T.S. 36/68 could be construed to mean a..Category: Property Law | Date: | Hits: 80
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....The affected persons are not supposed to get even copies of them. But if the contents thereof are not denied by the respondents the Court can draw such conclusions therefrom as it thinks fit in the facts and circumstances of each case. 19. Mr. Amirul Islam, however, contends that the Ordi......nt: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Secretary, Internal Resources Division, Ministry of Finance and Chairman, National Board of Revenue, Dhaka………………&helli......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 ..Category: Constitutional Law | Date: | Hits: 161
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....ction at this stage does not arise as cognizance has not yet been taken. As to the second point it was held that there was no bar for investigation for the satisfaction of the court as to whether the facts disclosed constitute the offences alleged in the petition of complaint. The revisional applica......24; Ainuddin vs. State PLD 1962(WP) Karachi 738 Chikoni Bewa vs. Abdul Awal PLR (1964) 14 (Dacca) Dacca Series 557; Bangladesh vs. Abdur Rahim 35 DLR 249; Jahirul Huq Khan vs. State 9 DLR (Dacca) 109 and Md. Baharuddin Sarker vs. The State l0 DLR (Dacca) 321 ;(1945) 7 FC Reports 90 and (1945) FC Rep......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. ..Category: Anti-Corruption Laws | Date: | Hits: 92
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
.... 2. Leave was granted mainly on the ground that the High Court Division failed to apply the correct principle as to substitution of the heirs of deceased-defendant No.3 as was applicable in the facts and circumstances of the present case. 3. To recall, briefly, the facts of the case, p...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Akhtar Banu being dead her heirs: Alhaj Md. Hossain Khan and others………Plaintiff-Appellants Vs. Habibunnessa and others&hel......o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ..Category: Property Law | Date: | Hits: 70
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....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 ......ivision Civil Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdul Mazid Howlader and another……………..Pre-emptee-Appellant Vs. Lahajudd...... to avoid limitation and the alleged informer Sekander Ali is the uncle of Lahajuddin Howlader, the pre-emptor, living in the same homestead. 4. During trial besides proving some documentary evidences, 3(three) witnesses were examined by the pre-emptor-respondent and six witnesses were exa..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 ...... Md. Abdur Rouf J Md. Ismailuddin Sarker J Wazed Ali Sardar (Md)……… …………… Appellant vs. Md. Afsaruddin Sardar and others……………...Respondents Judgment July 5, 1995......ned Subordinate Judge also compared the admitted signatures of the appellant with his alleged signature in the petition for adopting the written statement of defendant No.15 by him Considering the evidence on record and the record of the case, the learned Subordinate Judge by his order dated 30-..Category: Procedural Law | Date: | Hits: 133
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....Government Servant did not go for voluntary retirement and he was given compulsory retirement from service as a measure of punishment and, as such, the principle of estoppel is not attracted in the facts and circumstances of the case inasmuch as the appellant under compelling circumstances had to......e Appellant. B Hossain Deputy Attorney General, instruct by Sharifuddin Chaklader, Advocate-on-Record—P the Respondents. Civil Appeal No. 22 of 1995. (From the judgement and order dated 7 June 1994 passed by the Administrative Appellate Tribunal Dhaka in Appeal No. 75 ......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 ..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 ...... Roy Choudhury J Abul Bakar Siddique (Md) …………………………..Petitioner Vs. Additional Deputy Commissioner, Kurigam and others………………………..Respondents ......Bijoyram Tobakpur mouza is false and, as such, the Suit 15 liable to be dismissed as the school of the defendants is a separate school. 4. The learned Assistant Judge on consideration of the evidence on record found, inter alia, that Bhadrapara Adarsha Non-Government Primary School is situ..Category: Property Law | Date: | Hits: 63
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
....hat else the Admiralty Court could do but to accept the mere word of mouth yet unchallenged evidence of PW I ? We therefore find that the Admiralty Court committed no illegality in finding, in the facts, circumstances and evidence of the present case, that the market value of the vessel on the e......oy Choudhury J Sadharan Bima Corporation…………………………………. Appellant Vs. Bengal Liner Ltd. and another……………………………&......uster, appointed by the plaintiff, Exts. (7(5)-7(7), same as Exts, E(2)-E(4) by the defendant, but the Admiralty Court held that the said telexes “cannot be taken as admissible and conclusive evidence for market value of the vessel as the so-called experts are not before this Court and cann..Category: Business or Commercial Law | Date: | Hits: 151
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