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Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....n who has become incapable of performing, or violates any essential term of the contract that on his part remains to be performed". Mr. Khondakar Mahbubuddin Ahmed is of the opinion that this provision of law applies to this case as by not depositing the balance of Taka 2 lakh in Court befo......f the judgments of both the courts below we found no substance in his contention and refused him leave on the findings of facts and thereby closed this chapter. Now we shall go into the question of law to consider which leave was granted. Law on the subject is that the jurisdiction to decree spe..Category: Property Law | Date: | Hits: 69
Haider Ali Khan vs. State, 1995, 24 CLC (AD)
....ass the order of conviction and sentence. 5. There is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ......s that the sentence having been passed in lump without specifying as to what is the sentence under each of the sections i.e. 448/380 of the Penal Code, the order of conviction is not sustainable in law. The submission is clearly misconceived because it was only an irregularity and not an illegal..Category: Criminal Law | Date: | Hits: 74
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....eception of such evidence will be of a weak character in place of the registered document evidencing the sale. 11. Where a case for the reception of secondary evidence is made out under the provisions of section 65, a certified copy of a registered document becomes admissible in proof of ......ha is the present appellant. Her case is that the plaintiffs' documents are collusive and fraudulent; that defendant No. 5 had no right or title in the suit land, and that her father‑in‑law Monoranjan Guha took settlement of the suit land from Umesh Chandra Dey, his three brothers and..Category: Property Law | Date: | Hits: 51
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....ourt Division that it was filed by the appellant, being a son of plaintiff Suhagi Bewa by her former husband. 7. Leave was granted to consider the appellant's submission that the concept and provision of a life‑interest in the husband's property being alien and unknown in Muslim Law, the ......phrases Hiba and Ariyal There is a distinction between gift (Hiba) and gift of usufruct, ariyal in Muslim Law, stemming from some basic distinctions between the concept of property in English law and Muslim Law. Where corpus of the property is transferred for life time and the conditions are..Category: Property Law | Date: | Hits: 146
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... 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 ......11.93 was passed. It was an unwarranted inroad into a judicial proceeding and cannot be condoned in any way. 11. The High Court Division failed to exercise its jurisdiction, vested in it by law by stating that the matter involves disputed questions of fact. There, are disputed questions p..Category: Property Law | Date: | Hits: 62
State Vs. MA Malik, 1995, 24 CLC (AD)
....onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ...... the meantime she had left for her father's house at Sylhet for better treatment. The respondent, however, refused to come to a compromise before payment of the dowry. She received the respondent's lawyer's notice dated 21.11.1992 demanding a huge amount to which she sent a reply. The learned Ju..Category: Criminal Law | Date: | Hits: 64
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
.... Court Division. But I would like to mention here at the first chance the most important fact of the case and that is, the appellant never raised any objection to the aforesaid acquisitions under the provisions of the Ordinance and RAJUK have already paid more than Taka 92 crore towards compensation...... in the Administrative Law. It has been evolved by Courts on the basis of 'equity' to avoid gross injustice particularly when the injustice results from strict application of any rule or procedure of law. This principle applies to a case where a promise is made by one person to another, relying on w..Category: Property Law | Date: | Hits: 79
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
....found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ......by the High Court Division in Criminal Revision No. 1768 of 1992). Judgment Shahabuddin Ahmed CJ.- In this appeal by special leave, the question is whether the High Court Division erred in law and fact in refusing to quash the criminal proceedings against die accused‑appellant in Specia..Category: Criminal Law | Date: | Hits: 76
Abdul Motaleb and others Vs. Shahed Ali and others, 1995, 24 CLC (AD)
.... for the petitioners, could not show any error of law in passing the impugned order. 4. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 09 ......doses not contemplate amendment of a decree of such a substantial nature. 3. Mr. Md. Harun‑ur‑Rashid, learned Advocate appearing for the petitioners, could not show any error of law in passing the impugned order. 4. The petition is dismissed. Ed. This case..Category: Property Law | Date: | Hits: 64
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....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 ......y appointed, who filed his report on 27.10.90. Mr. Idris Alam stated in his report that he inspected the suit property at 3 PM on 25.10.90 after having informed the parties through their respective lawyers and the suit land was identified with the assistance of the plaintiff and defendant No. 1. ..Category: Civil Law | Date: | Hits: 106
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....ght not to have rejected his petition summarily. In examining the locus standi of the writ petitioner the High Court Division wrongly referred to clause (5) of Article 102 of the Constitution. That provision does not by itself define an 'aggrieved person' under clause (2) of Article 102 nor does......ce from being an aggrieved person. The term "person" in clause (5) includes a statutory public authority and any court or tribunal but it excludes a court or tribunal established under a law relating to the defence services of Bangladesh or any disciplined force or a tribunal to which ..Category: Constitutional Law | Date: | Hits: 203
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....urn from filed a miscellaneous case for violation injunction. Rule in the said Civil Revision No. 131 of 1986 was discharged on 26-11-90 with the observation that under Order IX, rule 6(2) there is a provision in the Code of Civil Procedure to file a fresh suit against a defendant on whom summons an...... 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 that summons and notices were not served upon defendant No.5 Khalequzzaman who wa..Category: Property Law | Date: | Hits: 59
AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)
....ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ......perior Courts in Bangladesh and India as to the effect of pendency of appeal against an order of conviction and sentence has not been correctly disposed of by the High Court Division and the point of law raised in this petition is one of general public importance. 7. In the case of AFM Shah Alam ..Category: Election Law | Date: | Hits: 133
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ......sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ..Category: Criminal Law | Date: | Hits: 85
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....elationship of landlord and tenant between the plaintiff and the defendant, the defendant could raise the plea of title. 9. To answer the first question it may be pertinent to refer to some of the provisions of the Small Cause Courts Act, which are relevant. 10. Section 15 reads: “(1) ...... of the said landlord. Reference may be made in this connection to the case of Abdus Sattar vs. Mahiuddin 38 DLR (AD) 97. His Lordship Shahabuddin Ahmed, J, as he then was, expounded the principle of law embodied in section 116 of the Evidence Act thus: “The estoppel as described in this sec..Category: Tenancy Law | Date: | Hits: 87
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
.... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ...... plaintiff thereupon brought a suit, Title Suit No.697 of 1985, in the Third Court of Subordinate Judge, Dhaka praying for a declaration that the termination of his services was illegal and without lawful authority and that he was still in the service of the Corporation as its Secretary together ..Category: Employment/Service Law | Date: | Hits: 77
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
....2-91 was impugned in the writ petition. It was submitted that section 19 of the Customs Act relates to exemption of customs duty and a notification (SRO) under that section is never subject to the provision of section 30 of the said Act and the customs authority acted illegally in passing the im......1 as demanded because the earlier SRO was modified by the subsequent SRO in force and that the claim of the importer to be assessed according to the old SRO was not correct and justified Under the law. 6. It is found from the impugned judgment that the points raised for con in the writ-pe..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)
....ovided that such notes, comments or explanations shall not be reproduced in writing or otherwise and circulated for the use of any other person. 4. Penalty.-(1) Whoever contravenes any provision of section 3 shall be punishable with rigorous imprisonment for a term which may extend ......struck it down as unconstitutional. The High Court Division, however, granted a certificate under Article 103(2)(a) of the constitution certifying that the cases involved a substantial question of law as to the interpretation of the Constitution particularly Article 39(2) thereof. &nb..Category: Intellectual Property Law | Date: | Hits: 279
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....and 5(3) of the (Emergency) Requisition of Property Act, 1948 (Act XIII of 1948), briefly the Act, have not been issued or served in L.A. Case No. 63 of 1959-60 in respect of the suit property as per provisions of law. 3. In order to appreciate the matter in appeal in which the impugned judgment......e (Emergency) Requisition of Property Act, 1948 (Act XIII of 1948), briefly the Act, have not been issued or served in L.A. Case No. 63 of 1959-60 in respect of the suit property as per provisions of law. 3. In order to appreciate the matter in appeal in which the impugned judgment was passed, t..Category: Property Law | Date: | Hits: 80
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
.... necessary to remember that what is administered in Courts is justice according to law, and considerations of fair play and equity however important they may be, must yield to clear and express provisions of the law. If in reaching its decision in Second Appeal the High Court contravenes the......ng to hold that the Ordinance is not applicable to the writ petitioners on the ground that they are not Mujibnagar employees or on any other ground should not be declared to have been made without lawful authority and to be of no legal effect and why a declaration should not be made that they we..Category: Constitutional Law | Date: | Hits: 161
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