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Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
....tition along with the documents to the applicants for presentation of the same before the District Judge or alternatively the District Delegate was authorised to impound the same for the purpose of justice and sent the same to the District Judge. 10. Mr. SR Pal has assailed the view taken......Dayal Chose. 3. The learned District Delegate observed in his judgment that it was admitted by both the parties that the‑ mother of the testator Shusila Bala Ghose was still alive and according to the Dayabhaga School of Hindu Law, the question of inheritance of the property of Daya......ted 21.8.1991 passed 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 ......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
.... findings by the learned Single Judge on the material issues in the case, the trial Court could have little freedom in disposing of the case on remand and that it is not in consonance with equity and justice that an old case of 30 years could be remanded so lightly as has been done by the learned Si......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.
......ent
May 23, 1995.
Result: The appeal is allowed with cost.
If there is misreading of evidence and non‑consideration of some material evidence then it was incumbent on the revisional court to consider the same and to arrive at a proper finding on the material evidence on record and to fin...... 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 ......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 ......, Senior Advocate instructed by, Mvi. Md. Wahidullah, Advocate‑on ‑Record ‑ For the Petitioner. Not Represented ‑ Respondents. Civil Petition for leave to Appeal No.121 of 1995. (From the Judgment and Order dated 27.11.94 passed by the High Cou......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)
....y further order. No costs. The impugned judgment and order arc set aside and those of the Administrative Tribunal are restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 157. ......y further order. No costs. The impugned judgment and order arc set aside and those of the Administrative Tribunal are restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 157. ......fa Kamal J Latifur Rahman J Muhammad Abdur Rouf J Mohammad Ismailuddin Sarker J Shaikh Mustainul Haque.......................................Petitioner‑Appellant Vs. Inspector General of Police and others...................Respondents Judgment June 14, 1995. Re......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)
.... longer in existence having been set aside by a competent court of law." After observing as mentioned above, the learned Judges of the High Court Division "for doing complete justice" between the parties and in consideration of the fact that the peremptory heading of T...... 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 ......ain was a defendant in Title Suit No.177 of 1984 in the Fourth Court of Subordinate Judge, Dhaka. The suit was for specific performance of contract for sale of house at Pallabi, Dhaka. On transfer to the Court of 2nd Subordinate Judge, Dhaka the suit was renumbered as Title Suit No.255 of 1985.......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 ......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 ...... Department and joined his post on 12.3.58 as a mechanic. On gradual promotion he was working as an Lower Division Assistant having been posted last at Kushtia Sadar. He obtained leave from 1.7.76 to 3.7.76 on account of the illness of his father who along with his mother and his wife and childr......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)
....mitted at least one of the charges leveled against him. The learned Advocate further contended that without any finding that the enquiry officer acted unfairly and against the principle of natural justice, the Appellate Tribunal acted in excess of its jurisdiction in holding that the respondent ......n presence of the respondent No. 1. The Tribunal therefore, held that the impugned order of compulsory retirement was passed on the basis of the enquiry report and sufficient evidence on record and accordingly, dismissed the case. 6. On appeal by the respondent No.1 the Administrative App......e Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Director (Establishment and Administration) T & T Board, Tele Communication Building ....................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)
....by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138......ary, Ministry of Civil Aviation and Tourism and another ……………………..................Respondents Judgment June 26, 1995. Result: The appeal is dismissed. Cases Referred to- Mofizur Rahman Khan Vs. Government of Bangladesh, 34 DLR (AD) 321; State of Punjab Vs. Gurdi...... 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)
.... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ...... wide ranging consequential amendments of the Constitution; F. And Whereas these amendments to the Constitution required, as provided in the Constitution, reference to be made to a referendum and accordingly the Acting President referred it to referendum and the voters enthusiastically participa......should be excluded within the meaning of Article 67(1) (b) read with definition of 'Session' and 'sitting' as under Article 152 (1) of the Constitution………………..( 72 & 73) Cases Referred to- AIR 1944 (FC) 173; MacManaway (1951) AC 161; Privilege Act 1770, (1958) AC 331; Allocation ...... 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. ......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. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..........Appellant  Vs. 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......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)
....of the plaintiff and that the appellate judgment and decree were, therefore, not sustainable in law. Thereafter the learned Single Judge sent back the case on remand to the trial Court for ends of justice giving the plaintiff a chance to prove her case of adverse possession after amending the pl......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 ......ce of defendant‑appellant is directed against the judgment of a Single Judge of the High Court Division passed in Civil Revision No. 3823 of 1991 (Dhaka), remanding Title Suit No. 912 of 1975 to the Assistant Judge, Chuadanga, for hearing of the suit afresh. 2. Plaintiff‑respo......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 ......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 ......man J Halid Hamidul Huq..................Appellant Vs. Nafisa Chowdhury & ors.................Respondents Judgment February 12th, 1995. Cases Referred to- Tirathdas vs. Parmeshwaribai, 1943 AIR (30) Sind 223; (1884) 52 LT 45; (1869) 4 Ch 782; (......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)
....g claims and initiating actions. They have been entering into contracts, settlements and fiscal arrangements on the basis of the law propounded by the Courts. No serious inconvenience or injustice would flow from allowing the law to stand rather its overruling would be productive of inc......00 in the plaintiffs said trade name. The policy was to expire on 3.5.91. The Janata Bank upon inspection of the plaintiff’s laboratory advised the plaintiff to enhance the insured amount and accordingly upon the plaintiffs request dated 17.7.90 the insured amount was enhanced to Taka 41, 0......adharan Bima Corporation....................Appellant Vs. Sanjib Kumar Das & another...................Respondent Judgment February 23rd, 1995 Cases Referred to- Roul Colinvaux in The Law of Insurance, 3rd Edition, 1970 at page 25; Black's Law Dictio......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)
....hen he was in an abnormal frame of mind, induced by unhappy domestic circumstances, and wanted to end his wife's life and his own at the same time it was held lesser penalty would meet the ends of justice. 12. In Nawsher Ali Sarder vs. State 39 DLR (AD) 196 in view of the bitter matrimon......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 ......………………………………………..Respondent Judgment February 12th, 1995. Cases Referred to- Ghulam Muhammad vs. Emperor, 36 CrLJ (1935) 683; Nawsher Ali Sarder vs. State 39 DLR (AD...... 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)
.... absorption/ appointment of the petitioner by the same authority by the subsequent order cannot be said to have been passed without any lawful authority or in violation of the principle of natural justice." 9. It appears that because of the alternative submission on behalf of the ap......e the question of personal hearing does not arise as he did not acquire any right; that since his appointment was not done in accordance with the procedure, no right was created in his favour and, accordingly, under section 21 of the General Clauses Act the Government was competent to cancel it ......‑Record- For the Appellant Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate – on ‑ Record ‑ For Respondent No.3. Aminul Huq, Attorney‑General, instructed by Mvi. Md. Wahidullah, Advocate‑on ‑Record ‑ For......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)
....ich the Court of Settlement relied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ......ny law like President's Order No. 16 of 1972. The issue of abandoned property having been raised in the suit which is now a subject matter of the appeal by the Government, there is a positive bar, according to Mr. Farooqui, for inclusion of the disputed building in the list under Proviso (b) of ......Record ‑ For the Appellant (In Civil Appeal No. 49 of 1994). Ex‑parte‑ For the Respondents(In Civil Appeal No. 49 of 1994). Abdul Wadud Bhuiyan, Additional Attorney General‑ Amicus Curiae. Civil Appeal No. 80 of 1993. (From Judgment and......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 Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....e appellate authority designated by the Chairman. On 23.11.86 the respondent prayed to the chairman for a decision on his appeal which was not replied to. Then after serving a notice for demand of justice the respondent filed the writ petition on 24.3.87. He challenged the order of discharge on ......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 ...... was an Assistant Commercial Officer of the Corporation, was proceeded against in a departmental proceeding on three specific charges contained in the charge‑sheet dated 8.5.86 requiring him to submit his written reply within 7 days and asking him to indicate if he wishes to be heard befor......f the said Rules. 11. It is on this ground alone that the entire enquiry proceeding and the consequent order of discharge from service were liable to be declared to have been passed without lawful authority, but the High Court Division unnecessarily added that in the second show cause not..Category: Employment/Service Law | Date: | Hits: 134
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 ....... 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 ......itioner. ANM Gaziul Haque, Senior Advocate, Supreme Court, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑For the Respondent No. 1. Civil Petition for Leave to Appeal No. 146 of 1993 (From judgment and order dated 4th January, 1993 passed by the Hig......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)
.... not get any opportunity to refute this allegation. 6. Mr. Wahidullah has next submitted that the application for transfer was a motivated one since the informant himself was a fugitive from justice as an accused in another criminal case arising from Palong Police Station pending in the sa......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 ......on-Record ‑ For the Appellant. Abdul Hamid Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on‑Record ‑For Respondent No. 1. M Sharnsul Alam, Deputy Attorney‑General, instructed by Md. Sajjadul Huq, Advocate‑on‑Record-For the Respon......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 ......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 ......95) 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
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