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Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
....assed by the District Delegate and learned Subordinate Judge, 3rd Court, Dhaka in Probate Case No.12 of 1990 rejecting the caveat (filed by the respondent) and further directing him to follow the provisions as laid down in section 288 of the Succession Act, 1925. 2. Facts of the case, br......paid. The District Delegate, therefore, held by his judgment dated 21.8.1991 that Gopal Chose had no legal footing to file any caveat, that the caveat dated 26.6.1991 is not a caveat in the eye of law and, as such, the Court is empowered to proceed with the probate proceeding as a non‑cont..Category: Property Law | Date: | Hits: 67
....y comment.
The appeal is allowed with cost and the case is sent back to the High Court Division for disposal in accordance with law.
Ed.
This case is also reported in:47 DLR (AD) (1995) 162.
...... record and after due consideration ought to have finally disposed of the case without sending the case on remand and the remand order has been passed on a total non‑application of the principle of law guiding remand in such case. Leave was also granted to consider whether on the face of concurren..
Category: Property Law | Date: | Hits: 46
Mahmudul Islam Chowdhury Vs. Md. Sultanur Kabir Chowdhury and others, 1995, 24 CLC (AD)
....e matter we do not find any cogent reason to accept the submission of Mr. AR Yousuf. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 161 ......R Yousuf, learned Counsel for the petitioner, submits that the petitioner filed an application before the Tribunal on 19.8.93 and prayed for disposal of the election petition solely on one point of law, namely, whether the change in the polling stations was illegal and without jurisdiction and wh..Category: Others | Date: | Hits: 119
Shaikh Mustainul Haque Vs. Inspector General of Police and others, 1995, 24 CLC (AD)
....riod of limitation from the date of the appellate order (21.10.1988) and not from the date (14.9.1989) when the Government rejected the application of the appellant being under a misconception of the provisions of section 4(2) of the Act and further being unaware of the provisions of the Police Offi......4(2) of the Act read as follows: "Provided that no application in respect of an order, decision or action which can be set aside, varied or modified by a higher administrative authority under any law for the time being in force relating to the terms and conditions of the service of the Republic ..Category: Administrative Law | Date: | Hits: 111
Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)
.... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ......ned Judges of the High Court Division observed in their judgment as follows: "There is no doubt that the grounds upon which the miscellaneous case was dismissed are erroneous in law. There is also no doubt that the appellant is entitled to get back the possession of the suit ..Category: Property Law | Date: | Hits: 68
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ......ng failed to prove that his appointing authority was the Chief Engineer and the Superintending Engineer being the appointing authority of Lower Division Assistants, the High Court Division erred in law in affirming the judgment of the lower appellate Court. The show cause notice having been sent..Category: Property Law | Date: | Hits: 124
Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)
....jurisdiction in setting aside the findings of the Tribunal. 13. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 143 ......he enquiry officer did not consider the evidence of the witnesses adduced by the respondent No. 1 and that the respondent No. 1 was not given a reasonable opportunity to defend himself according to law. The Appellate Tribunal also held that the finding of the Tribunal that respondent No.1 admitt..Category: Administrative Law | Date: | Hits: 138
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....aid that the power was exercised to attain a goal different from the one for which the power was entrusted. The impugned order is therefore not a colourable exercise of power, he submits. 12. The provision of retiring a Government servant before the age of superannuation after an employee has co...... upon the following observations of this Division in the case of Mofizur Rahman Khan Vs. Government of Bangladesh, 34 DLR (AD) 321: "For, even in a case where retirement is made under the amended law and the order expressly shows that it has been made in the public interest, yet the Court shall ..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
....tution; M. And Whereas the opposition parties continued boycott of the sessions of Parliament; N. And Whereas all negotiations to arrive at a settlement within the framework of constitutional provisions did not yield any fruitful result; O. And Whereas on 28.12.94 leaders of the three op...... boycott of the Parliament. 2. Being first of its kind, it is necessary to begin from the beginning. Article 106 reads thus: 106. If at any time it appears to the President that a question of law has arisen, or is likely to arise, which is of such a nature and of such public importance that ..Category: Constitutional Law | Date: | Hits: 248
Shameen Vs. Government of Bangladesh & others, 1995, 24 CLC (AD)
....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. ......s an illegal possessor of unauthorised arms; that local public are much dissatisfied with him; that he along with his associates has created panic in Dhaka city by looting and hijacking, and that the law and order of the city has been deteriorated. On 9 June 1994 the police recovered one foreign‑m..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 ......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 law in decreeing the suit on the basins of his finding of adverse possession in favour of the plain..Category: Property Law | Date: | Hits: 47
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....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 ......urt of Subordinate Judge, Dhaka for declaration and partition on 20 April 1992. 3. The summons of that suit was served upon the appellant on 23 April 1992. To circumvent the due process of law he filed the Misc Case No. 74 of 1992 on 27 April 1992 deliberately suppressing the fact of the..Category: Property Law | Date: | Hits: 76
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....itute the suit within 3 months of the repudiation of the policy which he did. The claim is not time‑barred in any manner, it held. The trial Court's decree was upheld. 9. The relevant provision of condition No 13 of the fire Policy is as follows: "3. If the claim ......pellant too by a letter informed the plaintiff that his claim was under active consideration of the authority. The appellant remained silent for a long time which prompted the plaintiff to issue a lawyer's notice on 10. 11.91, but the appellant without replying to the same directly repudiated th..Category: Business or Commercial Law | Date: | Hits: 114
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
....prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ...... accused throttled her to death and threw her dead body in the ditch of the garden. The accused left her wearing saree and his own old lungi inside a bush of the garden of his father‑in‑law and kept the dao in one coiner of his hut. 5. The prosecution produced 12 witnesses at t..Category: Criminal Law | Date: | Hits: 73
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....inion of BOGMC the President's Secretariat was informed that the appellant could not be appointed as a Director on permanent basis and that his prayer cannot be considered because there was no such provision in the Rules of the Corporation though there was scope for absorption in the civilian pos......er; that his vested right cannot be taken away without any show cause notice and/or any opportunity of Personal hearing to him; and that his appointment was neither without jurisdiction nor without lawful authority and, as such, the power under section 21 of the General Clauses Act, 1897 was not ..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
.... said Order in a suit for specific performance of any contract relating to the transfer of immoveable property or for declaration of title to, or assertion of ownership of, any such property. This provision was made, he submits, to afford an opportunity to the Government to raise objection if th......of my learned brother ATM Afzal J. ATM Afzal J.- These two appeals by leave involve mainly consideration of a common question of law, namely, application of section 5 of the Abandoned Buildings (Supplementary Provisions) Ordinan..Category: Property Law | Date: | Hits: 86
Bangladesh Road Transport Corporation Vs. Aminur Rahman & another, 1995, 24 CLC (AD)
..... 7. In the circumstances, we do not think it to be a fit case for interference. The Petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 66 ......laring Memo dated 17.12.1990 issued by respondent petitioner No. 2. The Chairman Bangladesh Road Transport Corporation, removing petitioner‑respondent No. 1 from service to be without lawful authority and of no legal effect. 2. Respondent No. 1 who at the relevant time was th..Category: Employment/Service Law | Date: | Hits: 101
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....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 ......en it tends to the general convenience of the parties or the witnesses. The High Court Division may also withdraw a case to itself without issuing any notice upon either party when some question of law or unusual difficulty is involved therein. Neither of these situations is present here. We the..Category: Criminal Law | Date: | Hits: 67
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....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 ...... No, 46 of 1993 as not pressed and made the Rule absolute in the other case, that is, Criminal Revision No. 3332 of 1991. 11. The learned Judges upon a lengthy consideration of the facts and law involved in the case observed: “In the second charge‑sheet as indicat..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....r or instrument so attested or authenticated shall not be questioned in any Court on the ground that it was not duly made or executed." 28. It is, however, well‑settled that notwithstanding such provision the Court is entitled to investigate into the question, if raised, that the recitals in th......as not necessary to enter into the said facts for deciding the writ petition. Finally the Rule was made absolute. 15. Leave was granted to consider whether the High Court Division was justified in law and facts in holding that the grounds of detention served on the detenu were vague, indefinite a..Category: Constitutional Law | Date: | Hits: 185
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