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Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....owhere been held that the said quasi judicial function which is performed by a detaining authority extends to the giving of a prior notice to the detenu for ensuring observance of the rule of natural justice that a person must be heard before his rights are adversely affected. Rather the Supreme Cou...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ......………………………………………………………Appellant Vs. Dr. Dhiman Chowdhury and others.........................Respondents Judgment August 9, 1993. Cases Referred to- Abdul Latif Mirza vs Government of Bangladesh, 31 DLR (AD) 1; State of Bombay vs. Atma Ram, ......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
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....t the time the contract was made. The appellant was perfectly aware of the consequence of the agreement he made when he had decided to leave this country in view of his disappointment caused by 'injustice' done to him by the authorities treating him as a collaborator and depriving him of his job......eed by obtaining income‑tax and gain‑tax clearance certificates and that whenever these formalities would be complete the respondent would pay the balance of Taka 2 lakh. The appellant accordingly filed an application to the Income‑tax Authority for a clearance certificate and ...... University, and through Asgar Hossain the appellant developed intimacy and deep friendship with the respondent, a fact about which there is no dispute. 3. Appellant had been detained in custody as a collaborator from December 1971 to December 1973 and when he was released from custody he......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 ......rity and not an illegality and much less to do with the competence of the learned Magistrate to pass 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 ......ahhab Miah, Advocate, instructed by Shamsul Haque Siddique, Advocate‑on‑Record -For the Petitioner. Not Represented ‑For the Respondent. Criminal Petition for leave to Appeal No.92 of 1994. Judgment: &nb......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)
....er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ......er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ......ellant. 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 sister Tanu Bala De......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)
....p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ......e suit plot No. 2395. But upon the death of her husband she is entitled to 2 annas share of her husband's property and upon her death as well the appellant will also inherit some portion of her share according to Muslim Law. The suit relating to partition stands therefore decreed in preliminary form......aw, 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 attached thereto, the gift is valid but the conditions are void. However, where the intention of the maker of 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)
....oved by respondent No. 4 and without asking the appellants to show cause why the said order dated 8.8.84 should not be revoked. The order therefore has been passed against the principle of natural justice. 7. Mr. AW Bhuiyan, learned Additional Attorney General appearing for the Governmen......rder dated 8.8.84 the Executive Engineer, PWD, Bogra was directed by an order dated 19.9.84 to hand over possession of the premises in dispute to the appellants. On 31.10.84 the Executive Engineer accordingly handed over possession of the disputed premises to the appellants. Respondent No. 4 fil......ment June 26th, 1994. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by M Nawab Ali, Advocate-on-Record- For the Appellants. AW Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record-For Respondent Nos. 1‑3. Ma......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)
....offence alleged but also we are convinced that if the petitioner were to be arrested and/or refused bail such course would in all probability be taken not from motives of furthering the ends of justice but from some other motive with the object of injuring him causing irreparable harm to his......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 ......ik……………………….Accused‑Respondent Judgment September 5th, 1994 Lawyers Involved: AW Bhuiyan, Addition Attorney‑ General, instructed by B Hossain, Advocate‑on‑Record-For the Petitioner. ...... 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)
....ry estoppel is to be considered. 5. The principle of promissory estoppel is now well established 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 ......public. Another 140 plots had been allotted to the persons who entered into contract for sale of their land to the company. When the company was deeply in the midst of executing their housing project according to the layout plan, it was learnt that a move was taken by the DIT to change the width of ......smissed. Lawyers Involved: Kh. Mahbubuddin Ahmed, Senior Advocate, Supreme Court, instructed by Shamsul Haque Siddique, Advocate‑on‑Record‑For the Appellant. AW Bhuiyan, Additional Attorney‑General, instructed by B Hossain, Advocate–on– Record‑For Respondent Nos. 1 & 4. ...... 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 ...... the Chairman, was submitted to the Relief Office showing proper distribution of 395 bundles of CI sheets in 1988. But later on, 30 persons, to whom 41 bundles of CI sheets had been shown distributed according to the Master Roll, alleged that they did not receive any CI sheets which indicated that t......s dismissed. Lawyers Involved: Rokonuddin Mahmud, Advocate, Supreme Court, instructed by Shamsul Haque Siddique, Advocate‑on‑Record ‑For the Appellant. Amirul Kabir Chowdhury, Deputy Attorney ÂGeneral, instructed by B. Hossain, Advocate-Âon‑Record ‑For the Respondent. Crimina......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 ...... the present petitioner filed Written Statement but did not contest the suit. After passing of the preliminary decree, the present petitioners, on 1.3.84, filed an application for a separate Saham according to the plaint case and, consequently, Saham was allowed on 29.4.84 as the plaintiff and ......ur‑Rashid, Advocate, instructed by Sharifuddin Chaklader, Advocate‑on ‑Record‑For the Petitioners. Respondents‑Not Represented. Civil Petition for Leave to Appeal No. 50 of 1993. Judgment: &......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)
....that the matter is purely a concern between the private rights of two parties. The matter assumed a new character and it turned into a matter concerning public policy relating to administration of justice. This Court decided in the case of Abdul Jalil Munshi vs. Abu Bakar Siddique, 35 DLR (AD) 4......rder for maintaining status quo till the disposal of the application. Later on the same (lay the plaintiff filed an application for appointment of an Advocate Commissioner for local inspection and accordingly, one Mr. Abdul Huq, Advocate was appointed as Commissioner to file report within 3 day...... J Babul Kanti Das and others....................Appellants Vs. Abul Hashem and others...............Respondents Judgment July 13th, 1994. Cases Referred to- Abdul Jalil Munshi vs. Abu Bakar Siddique, 35 DLR (AD) 42 at para 12; Daniel vs. Ferguso......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)
....uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ......tions of fundamental rights relate to provisions of law which are for the members of the Army for the purpose of ensuring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (A......h Army Medical Corps .............Appellant Vs. Government of Bangladesh and other .......................Respondents Judgment August 18th, 1994. Cases Referred to- Federation of Pakistan vs. Lt. Col. Z.A. Mazari 1958 PLD 472. Virendra Kumar vs. Union o......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)
....ties present, all facts stated and all relevant claims made, is to punish him altogether for filing any Suit at all against the respondents We note with dismay that instead of furthering the cause of justice by allowing the plaintiff-appellant a full opportunity to place his case against all the par......f the plaint. The plaintiff as the arbiter litis of his suits has the liberty to pursue or not to pursue any one of the two Suits. And the two suits being inextricably linked together can be amended according as the plaintiff wishes to lay stress on either the first suit or the second suit, having ...... Events and developments evolved and transpired after the filing of the suit may be incorporated by way of amendment of the plaint. The plaintiff as the arbiter litis of his suits has the liberty to pursue or not to pursue any one of the two Suits. And the two suits being inextricably linked tog...... 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 ......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 ......¦â€¦â€¦â€¦â€¦â€¦â€¦.Petitioner Vs. Bangladesh Election Commission and others ……………Respondents Judgment June 5, 1996. Result: The petition is dismissed. Cases Referred to- Khagendranath Nath vs. Umesh Chandra Nath, AIR 1958 (Assam) 183; Serajul Huq Chowdhury vs. Nu......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 ......o Jessore and met the appellant at her house and by inducement he enticed her away from her house at Jessore to Khulna on the promise to marry her. He advised her to take cash money and ornaments and accordingly she took ornaments worth Taka 18,000.00 and a cash of Taka 6,000.00. The respondent took......……………….Appellant Vs. Abul Hassan and others……………………….Respondents Judgment     August 6, 1996. Result: The appeal is allowed. Cases Referred to- Abdul Quader Chowdhury vs. State, 28 DLR (AD) 38, Farruk Ahmed vs. Abdul Kader Chowdhury, 38 ......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)
....der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ......receipts as well as the oral evidence in support. The learned Small Cause Court Judge further found that the defendant was a defaulter in payment of rent in respect of the suit premises. The suit was accordingly, decreed in favour of the plaintiff. 6. Being aggrieved the defendant preferred a rev...... the High Court Division in Civil Revision No. 6930 of 1991 (Dhaka) setting aside the judgment and decree dated 15 July 1985 passed by the Small Cause Court Judge, Bogra and directing the trial Judge to return the plaint to be presented to ‘a Court having jurisdiction’. The heirs of the original...... 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 ...... 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 ......n Ahmed, Senior Advocate, Faiz Ahmed, Advocate with him, instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Appellant. (In Civil Appeal No. 18 of 1994) M. Shamsul Alam, Deputy Attorney-General, instructed by Md. Sajjadul Haque, Advocate- on-Record- For the Petitioner. (In Civi...... 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)
.... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ......alued at US $ 272,000.00 through Arab Bangladesh Bank Limited, Station Road Branch, Chittagong. They intended to import the said condensed milk having found that the customs duty was 201 per carton according to SRO 222-L/90/301/Customs dated 14-6-1990 which was in force on the date of opening of ......pellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Collector of Customs, Chittagong and Others…………………&helli......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)
....sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ......561 of 1987, the High Court Division declared the Note-Books (Prohibition) Act, 1980 (Act No. XII of 1980), hereafter called the Imp Act, to be ultra vires of Article 39(2) of the Constitution and accordingly, struck it down as unconstitutional. The High Court Division, however, granted a certif......n Abdul Kader alias Mostafa Kamal & others……….. Respondents (In Civil Appeal Nos. 77 of 1993 & 17 of 1996] Judgment May 12, 1996. Cases Referred to- Jang Bahadur vs. Principal, Mohindra College AIR (38) 1951 Pepsu 59; Hamdard Dawakhana ......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
Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)
....control. He further denied that the building leaned on any side. He stated, that he has invested his life’s savings and also taken loan from the House Building Finance Corporation and so no injustice should be done to him. Before the expiry of 24 hours the Kartripakkha by a Memo, dated 22-1......he reasons above, the High Court Division was not justified in rejecting the w petition summarily. The impugned order of the Authorised Officer lacks any legal basis and cannot be sustained. It is accordingly, held to have been passed without lawful authority and of no legal effect. The appeal i...... appeal by leave by the writ petitioner is from the summary rejection of the Writ Petition No. 2595 of 1994 on 8-1-95 by the High Court Division. 2. In 1987 the appellant constructed a four storied residential building on 7 kathas of land in CS plot No. 133 Part. Mouza Bramancharan, JL No....... not justified in rejecting the w petition summarily. The impugned order of the Authorised Officer lacks any legal basis and cannot be sustained. It is accordingly, held to have been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. Thi..Category: Business or Commercial Law | Date: | Hits: 136
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