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Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....n the petition of complaint. The revisional application was premature, it was finally held. 6. Leave, to appeal was obtained on the submission that the High Court Division failed to appreciate the provision of sections 4(1) and proviso to 6(5) of the Act and wrongly held that the question of sanc......one of such processions, police opened fire and killed several persons. The accused persons in order to screen the alleged offenders of Yasmin murder indulged in various acts knowing that they were unlawful. They also did not take any step for post mortem examination of one Abdul Kader who had died ..Category: Anti-Corruption Laws | Date: | Hits: 92
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
.... by this Division and the records came back to the original Court. The learned Judge has gone wrong in taking the aforesaid view and thus allowed himself to a wrong decision. 9. The general provisions relating to substitution of the legal representatives of a deceased party in a suit arc ......ing aside abatement. The learned Subordinate Judge, however, suo mow recorded the abatement of the suit as a whole by his order dated 10-9-69 o account of the death of defendant No.4. On 15-4-72 a lawyer of opposite party No.3 (defendant No.3) in the aforesaid misc. case informed the Court that ..Category: Property Law | Date: | Hits: 70
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....s barred by limitation. In the present case, the certified copy of the impugned kabala shows that the deed was presented for registration on 27-6-70 and registered in the Volume on 19-9-70 as per provision of section 60 of the Registration Act. The present case was filed on 7-6-77 and as such ......e said Mahendra sold the proceeding land along with his other lands to one Tozambar Ali of the same village, and after enjoying for some years Tozambar All sold the same to one Balaram, the son-in-law of Mahendra, by Kabala dated 15-7-57. The said Balaram never possessed his purchased land physi..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 ....... 2-36. Civil Appeal No. 2 of 1995. Judgment: Md. Ismailuddin Sarker J: This appeal by leave by defendant No.36 appellant raises a question of law as to whether the High Court Division was justified in interfering in revision with a finding ..Category: Procedural Law | Date: | Hits: 133
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....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 ......n abandoned for all times”. 8. In the case reported in AIR 1984 (SC) 921 it was held that the principle of estoppel was not applicable if a voting process was not authorised by any law or Rule. Thus we are of the opinion that acceptance of pensionary benefits in the facts and ci..Category: Administrative Law | Date: | Hits: 138
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
.... Act, 1906 and the entire section 69 runs as follows: “69. Partial loss of ship—Where a ship is damaged, but is not totally lost, the measure of indemnity, subject to any express provision in the policy, is as follows: (1) Where the ship has been repaired, the assured is......dquo;There might be some variation in actual price, but for the purpose of insurance it should be presumed that value given in the policy itself shall be taken as the market value of the vessel in law.” Then again, “For all legal and reasonable purpose the market value of the vessel ..Category: Business or Commercial Law | Date: | Hits: 151
ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)
....ction 48 CPC prescribed the maximum period within which the last execution case is to be instituted. 8. Mr. Md. Moksudur Rahman, learned Advocate for the appellant submits that there are two provisions governing limitation for applications to execute a decree or order. Article 182 of the ......Case No.15 of 1967, it cannot be said that execution case is hit by limitation”. 7. Leave was granted to consider the appellant’s submission that the High Court Division erred in law in holding that section 48 of the Code of Civil Procedure has no manner of application in this..Category: Civil Law | Date: | Hits: 133
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ......ment’ so as to pass a decree for eviction of the defendant-tenant. In the revision before the High Court Division it was argued on behalf of the defendant that the learned SCC Judge erred in law in making the findings against the defendant in respect of the said two issues. The learned Jud..Category: Property Law | Date: | Hits: 52
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....tled to obtain rent receipt forthwith from the landlord. Section 27 of the Ordinance provides that if a landlord willfully refuses or fails to deliver a receipt to the tenant in accordance with the provision of section 13, a tenant may file a complaint before the Rent Controller. Section 27 of th......ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ..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. ......of 1995 by a Division Bench of the High Court Division declaring that the acceptance of his nomination paper by the Returning Officer, respondent No. 4, as a candidate in that by-election was without lawful authority and is of no legal effect, as he was less than 25 years of age on the date of submi..Category: Election Law | Date: | Hits: 129
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....ff informing that she dissolved the marriage exercising her delegated power of divorce and to the same effect she also sent notice to the Mayor of the Dhaka City Corporation in accordance with the provisions of the Muslim Family Laws Ordinance, 1961. In such circumstances on the intervention of ......ayor of the Dhaka City Corporation in accordance with the provisions of the Muslim Family Laws Ordinance, 1961. In such circumstances on the intervention of the common relations, friends and their lawyers a written agreement was made and executed by and between the plaintiff as First Party and D..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
.... wife may sue him for maintenance, but she is not entitled to a decree for past maintenance, unless the claim is based on a specific agreement. Or, she may apply for an order of maintenance under the provisions of the Code of Criminal Procedure, section 488, in which case the Court may order the hus......f the Court below. 2. Leave was granted from the said judgment and order of the High Court Division to consider the appellant’s submission that the right to maintenance is guided by the personal law of the appellant and her son and that the High Court Division wrongly held that the appellant wa..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
.... was agreeable to take them back and that there was no criminality in the transaction. The contract is still subsisting, money still remaining due to him and there cannot be any prosecution under the provisions of sections 406/420 of the Penal Code at this stage. 11. The case of the other respon...... learned Judge also set aside the order of the trial Court forfeiting the pumps to the State and directed the University Authority to deal with the matter as well as with the pumps in accordance with law and the terms of the tender and the contract. 14. Leave was granted to consider the submissi..Category: Anti-Corruption Laws | Date: | Hits: 92
Abdur Rashid Sarker Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....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 ......artment, Ministry of Works was compulsorily retired from his service with all pension benefits by order dated 2-3-86. He challenged this order of compulsory retirement as illegal and not tenable in law before the Administrative Tribunal, Dhaka in Administrative Tribunal Case No. 148 of 1989. The..Category: Administrative Law | Date: | Hits: 107
AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)
....or any action taken thereunder, and any proceeding under the said rules pending at the commencement of these rules shall be , continued, and disposed of, so far as may be in accordance with the provisions of these rules”. Rule 7(11) of Rules 1984 reads as follows: ......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)
....rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ...... payment and partly by release of debt, appears to be the most apt decision cited in the circumstances of the case. In the premises aforesaid we do not think that the High Court Division erred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal..Category: Property Law | Date: | Hits: 63
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
....oner is not a complete nor a valid deposit.” 9. The learned Judge concurred with the finding of the Court below that the deposit made by the defendant had not been made in accordance with the provision of law nor in terms of the expired deed of agreement and, as such, it was a defaulter. ...... complete nor a valid deposit.” 9. The learned Judge concurred with the finding of the Court below that the deposit made by the defendant had not been made in accordance with the provision of law nor in terms of the expired deed of agreement and, as such, it was a defaulter. 10. Leave was..Category: Tenancy Law | Date: | Hits: 82
Shamsul Islam & others Vs. Badiar Zaman alias Bablu and another, 1996, 25 CLC (AD)
....8 DLR 572 both the learned Advocates for the parties agreed that degrees of consanguinity have to be computed in the mode prescribed by section 28 read with the first schedule without noticing the provision of section 23 of the said Act. But this decision was not followed in the latter decision ......in his house out of love and affection. 5. Mr. Fazlul Karim, learned Counsel appearing on behalf of the petitioners, has contended that the learned Judge of the High Court Division erred in law in holding that cousin sister’s son is a relation by consanguinity within three degrees f..Category: Property Law | Date: | Hits: 56
Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)
....e case of N Mahmud vs. M Ahmed, 1984 BLD (AD) 97=36 DLR (AD) 14, Badrul Haider Chowdhury, J. referred to an earlier case Abdul Quader Chowdhury vs. State 28 DLR (AD) 39 and took it to be a settled provision of law that there may be cases where allegation in the First Information Report or the co...... any principle or precedent. He also submitted that the High Court Division acted illegally in not considering the facts of the case at all and in discharging the Rule upon an erroneous view of the law. 6. It must be said that the submission that the view taken by the High Court Division i..Category: Criminal Law | Date: | Hits: 71
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
....powered any District Court to exercise any of the jurisdiction under the Companies Act and the High Court Division remains the only Court having jurisdiction under the Companies Act. 12. The provision for appeal against the power of the High Court Division to rectify the share register und......er dated 12-7-94 passed by the High Court Division in Company Appeal No. 1 of 1993). Judgment: Mustafa Kamal J: This appeal by leave raises a point of law of public importance, namely, whether a decision of a Single Company Judge under section 38 of ..Category: Business or Commercial Law | Date: | Hits: 118
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