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Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....know about the transfer of the disputed premises. The plaintiff never informed him about the transfer either orally or by notice as alleged. The learned SCC Judge without considering the aforesaid facts abruptly made a finding as to the defendant being a defaulter and to make the confusion worse......mdash;For the Appellant. Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 28 of 1993. (From the judgment and order dated 26 January 1992 passed by the High Court Division, Dhaka in Civil Revision No. 885 ......rent as alleged by him on 14-8-1983. The learned SCC Judge in a confused judgment found that the defendant was a defaulter because he had deposited rent for 7 months at a time. The defendant in his evidence stated that on receipt of notice under section 106 of the Transfer of Property Act he had ..Category: Property Law | Date: | Hits: 52
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....pect of the case, that admittedly the plaintiffs had in their hands unadjusted amount of money paid by the defendant which could be easily adjusted towards the payment of rent and whether on these facts the defendant could be termed as a defaulter. 7. In view of the leave granted by us we ......uf J Monoranjan Barua……………………………………….. Appellant Vs. Mirza Masud Hossain and others ……….Respondents Judgment May 16th, 1996 Lawyer......on-filing of any rent receipt after August, 1975 the trial Court disbelieved the defendant’s case of payment of rent from September, 1975. The trial Court on consideration of the documentary evidences found that the plaintiff, in fact, admitted the payment of money by the defendant. The tr..Category: Property Law | Date: | Hits: 56
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
....t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ......ivil Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Mahmudul Haque (Md)……………………………………… Appellant Vs. Md. Hedayetullah and others…………………….. Respondents Judgment January 3, 1996. Result: The a...... could not be decided in the writ jurisdiction, particularly, when the Returning Officer had decided the matter in favour of the petitioner, thereby leaving the question of age for decision, on evidence, by the appropriate authority, if and when raised after the poll. It is further submit..Category: Election Law | Date: | Hits: 129
Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 1996, 25 CLC (AD)
....in the above mentioned Civil Revision case and the learned judge of the High Court Division by the impugned judgment and order discharged the Rule holding that the appellants introduced certain new facts and subsequent cause of action different from those made in the plaint which have the tendenc...... Civil Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Abdul Wadud Contractor and another…………………….Appellants Vs. ...... 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)
....dered some unwarranted and extraneous matters not relevant for disposal of the real issue involved in the suit. The learned Single Judge has failed to decide the case on proper understanding of the facts and relevant law applicable thereto. The learned Single Judge was so much swayed that in rej......p;……………………………………………...Plaintiff-Appellant Vs. Mrs. Rukshana Matin and others……………………………&h......f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....urse, to the question of limitation. In the present case, the High Court has considered the question of limitation and has come to the conclusion that Article 120 of the Limitation Act applies to the facts of the present case and the claim of the respondent was not barred by limitation. In this view......ases Referred to- Abdul Futfer Moulvie Vs. Pabunesa Khatun, (1881) ILR 6 (Cal) 631; Mst. Ghulam Fatima Vs. Sheikh Muhammad Bashir, PLD 1985 (WP) (Lahore) 596; Sardar Muhammad Vs. Most. Nasima Bill and ors, 19 DLR (WP) 50 = PLD 1966 (Lahore) 703; Sirajul Islam Vs. Halena Begum and Ors. 48 DLR (HCD......emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....part of the contract even though he had not done so in that he had only supplied spurious pumps which were not according to the specifications as in the tender notice. Mr. Bhuiyan maintained that the facts of the present case fully fit in with illustration (h) to section 415 Penal Code which defines......Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State……………………Appellant Vs. Md. Iqbal Hossain alias Iqbal Hossain and others…………………………Respondent (In Criminal Appeal Nos.15-17 & 18 of 1992) ......ossain and there was no abetment of any cheating/misappropriation or commission of the offence of criminal misconduct by them as alleged. 12. The learned Special Judge upon a consideration of the evidence and circumstances on record, by his judgment and order dated 4-10-90, convicted respondent ..Category: Anti-Corruption Laws | Date: | Hits: 92
Abdur Rashid Sarker Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....iable to be challenged before any Court or tribunal and that there was no illegality in the impugned order. The review petition has been rightly rejected after due consideration of all the material facts. 4. Mr. Md. Nawab Ali, learned Advocate- On-Record appearing for the petitioner, submi......ellip;………………………………………… Appellant-Petitioner Vs. Government of Bangladesh and others …………………………..Respon......ed when Martial Law was in force. Hence there is no illegality in the impugned judgment. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 99 ..Category: Administrative Law | Date: | Hits: 107
AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)
....case. 10. Mr. Abdur Rob Chowdhury, learned Advocate appearing for the respondent, referred to a decision of this Division reported in 43 DLR (AD) 209. That decision is not applicable in the facts of the present case. In that decision, it was held that the proceeding which was started unde...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Muhammad Abdur Rouf J Md. Ismailuddin Sarker J Additional General Manager, GM Office, Postal Life Insurance Dhaka and another………………Appellants Vs. Sheikh Mizan......udgment and order of the Administrative Tribunal is restored. The appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 97 ..Category: Administrative Law | Date: | Hits: 122
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
....d, namely, Mohammad Ahmed Saeed Khan Vs. Kishori Lal, AIR 1932 (All.) 375, Kamala Sahai Vs. Babu Nandan Mian, 11 CLI 39 and Lala Bihari Lal Vs. Abdul Aziz, 119 IC 92 are not exactly applicable in the facts and circumstances of the case. 14. On the other hand, when Begumjan expressed her inabilit...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Tafazal Ahmed Contractor.……………………………..Appellant Vs. Abdur Rahim and others……………………………. Respondents Judgment February, 1996. Result: ......ed Taka 99.00 from defendant Nos. 1-3 and relinquished her right of redemption as per mortgage deed and the High Court Division itself having not considered the case of the respective parties and the evidence on record in this matter, the fresh finding of fact by the High Court Division is based on ..Category: Property Law | Date: | Hits: 63
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
....remises Rent Control Ordinance, 1986 (Ordinance No. XXII of 1986) briefly, the Ordinance, would render the deposit of rent incomplete and invalid making the tenant liable for eviction. 2. Material facts necessary for disposal of this appeal, briefly are, that the appellant has been running its bu......ecord — For the Appellant. Moksudur Rahman, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record— For the Respondent. Civil Appeal No. 80 of 1994. (From the judgment and order dated 22nd June, 1994 passed by the High Court Division, Dhaka in Civil Revision No. 7404 ...... no separate meter for each tenant, the tenant was required to pay WASA charge at a fixed rate of Taka 60.00 per month “along with the rent”. That this is so will be clear from the plaintiffs own evidence. PW 1 deposing for the landlord said in chief that rent of the shop room was Taka 1098.00 p..Category: Tenancy Law | Date: | Hits: 82
Shamsul Islam & others Vs. Badiar Zaman alias Bablu and another, 1996, 25 CLC (AD)
....s of consanguinity from the donor. Hence the contention of Mr. Fazlul Karim cannot be accepted. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 88 ......m & others …………………………………………..Petitioners Vs. Badiar Zaman alias Bablu and another………………… Respondents Judgment ......pugned Judgment and order discharged the Rule. 4. Although the deed dated February 19, 1980 has been described as a kabala the trial Court as well as the Appellate Court on the basis of the evidence on record, in particular, that of the scribe PW 2, concurrently found the deed in question..Category: Property Law | Date: | Hits: 56
Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)
....n this petition. 3. No one appeared for the petitioner before the High Court Division. 4. It appears from the impugned judgment that the learned Judges have not at all considered the facts of the case but upon making reference to the amendments brought about in Chapters XXIII and X......instructed by Md. Nawab Au, Advocate-on-Record—For the Petitioner. Not represented—Respondents. Criminal Petition for Leave to Appeal No. 51 of 1995. (From judgment and order dated 5th April, 1995 passed by the High Court Division, Dhaka in Criminal Revision No. 7......se. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ..Category: Criminal Law | Date: | Hits: 71
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
....bmissions on this point. 4. Facts of the case have receded into the background because of the preponderance of the question of law involved in this case, but since all decisions are based on facts, a short recounting of the facts will necessary question of law involved in this case, but si...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Moqbul Ahmed and another........................Appellants Vs. Ahmed Impex (Pvt.) Ltd. and ors&hel......pondent No. 2 herself. 8. While the learned Company Judge allowed the application of the appellant, the Division Bench on appeal rejected their application, mainly on an appreciation of the evidence on record. 9. The main issue is as to whether an appeal lies from the decision of ..Category: Business or Commercial Law | Date: | Hits: 118
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....sion should not interfere with the impugned judgment because the review petition has been rightly rejected on merit as there was no reasonable ground for review and the High Court Division, in the facts and circumstances of the case, had rightly and justly passed the impugned direction upon the ......ve to Appeal No. 317 of 1991] A H M Amir Hossain………………………………… Petitioner Vs. Bangladesh and others……………………………........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 ..Category: Constitutional Law | Date: | Hits: 174
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....ed in the paper book, found it difficult to controvert the submission of the learned Advocate for the appellant. He, however, submitted that the respondent should get an opportunity to controvert the facts and law now raised for the first time by the appellant and the matter may be remanded to the T...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Raziul Hasan.………………………………………….Appellants Vs. Badiuzzaman Khan and others………………..Respondents Judgment February 1, 1996. Result: The appea......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. ..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 ......ellip;…………………………………………..Plaintiff-Appellant Vs. Ayesha Khatun and another ………………Respondents Judgment ......cuments defendant No.1 by influencing the police procured final report in the case. The kablas having been executed for an unlawful consideration are void and illegal. PW 1 Moti Miah stated in his evidence that he had lot of litigations with the defendants and after execution of the last kabala ..Category: Property Law | Date: | Hits: 72
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
.... the benefits specified in section 19 of the Act. Thus the argument of Dr. Rahman that section 25 stands as a bar to a civil suit against an order of termination simpliciter is not acceptable, in the facts and circumstances of the case. 8. Dr. Rahman’s next contention is that the plaintiff’s ......n-Record— For the Appellants. Shamsul Haque Siddique, Advocate-on-Record— For Respondent No.1. Not represented — Respondent Nos. 2-6. Civil Appeal No. 20 of 1994 (From the judgement and order dated 27.1.1992 passed by the High Court Division in Civil Revision No. 3663 of 1991). ......ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ..Category: Labour and Industrial Law | Date: | Hits: 152
Mostafa Kamal (Md) Vs. First Court of Settlement and others, 1996, 25 CLC (AD)
....that the said lessee had not been in possession of the house in question at the relevant time. The learned Judges of the High Court Division upon taking into consideration of such clear finding of facts of the Court of Settlement refused rightly to interfere with the judgment of that court upon ......hellip;…………………………………………… Petitioner Vs. First Court of Settlement and others………………………. Respondents. ......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 ..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 ......Sarker J Muzaffar Hossain……………………………………… Petitioner Vs. Md. Humayun Kabir and others …………….Respondent Judgment August 13th, 1......tioner examined six witnesses including himself and respondent No.1 examined four witnesses including himself in support of their respective cases and the Election Tribunal on consideration of the evidence on record dismissed the election petition by his judgment and order dated September 8, 199..Category: Others | Date: | Hits: 98
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