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Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178.......n TS No. 36/68) was not correctly decided. 6. In developing his submissions, Mr. Ahmed read out from the impugned judgment and that of the High Court Division extensively and made comments which, according to him, invite a review of the impugned judgment. 7. The Rules provide that review of ......which is already concluded by decision even if that be erroneous. It appears that there is no valid ground for interference because all the submissions are on the merit of the appeal and this amounts to rehearing the matter……..…..(7 & 9) Case Referred to- Mohd. Amin Khan vs. Control......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)
.... force upon the appellant Ministry. 21. The High Court Division will do well to remember that it is only the Appellate Division which has been bestowed with the jurisdiction of “doing justice in any cause or matter pending before it” under Article 104 of the Constitution and t......ice or equity of the cases has not been served by the finding of facts recorded by Courts of fact; but on such occasions it is 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 ......p;…………………... Respondents (In CA Nos. 60-65 of 1994) Judgment August 13, 1995. Lawyers Involved: AW Bhuiyan, Additional Attorney-General, (B Hossain, Deputy Attorney-General with him), instructed by AW Mallick, Advocate-o......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
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ......the accused under section 202 of the Code of Criminal Procedure examining witnesses and then found that allegation against two of the accused were false and there was prima facie case against one and accordingly approached the appropriate authorities for according sanction for his prosecution. The c......ahim @ Md. Abdur Rahim.................... Complainant-Appellant Vs. State.......................................................... Respondent Jugement August 8, 1996 Cases Referred to- Mohammad Ali vs. State, 35 DLR (AD) (1983) 324; Ainuddin vs. State PLD 1962(WP) Karachi 738 C......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)
....o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ......ed as Title Suit No.107 of 1959 and again on fun transfer to the original Court was renumbered as Title Suit No.245 of 1985. On 12-8-1969 the plaintiff came to know that defendant No.4 had died and accordingly filed Miscellaneous Case No.25 of 1969 on 28-8-69 for substitution of his heirs after ......p;…………………………………… Defendant-Respondents Judgment June 3, 1996. Cases Referred to- Privy Council in Brij Indar Singh vs. Kanshi Ram AIR 1917 PC 156; Chulam Abbas vs. Hashi......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)
....al non-consideration of all the six witnesses of the pre-emptee-appellants and when non-consideration of this evidence has materially affected the decision of the case occasioning a miscarriage of justice. 6. The vital and material question for consideration before all the courts below in......pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ......der and another……………..Pre-emptee-Appellant Vs. Lahajuddin Howlader & others……………………Pre-emptor-Respondent Judgment June 16, 1996. Lawyers Involved: Md. Nawa......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)
....ee. 8. Mr. SS Halder, learned Counsel appeared on behalf of the appellant and submitted that the learned Judge of the High Court Division had committed an error of law occasioning failure of justice in reversing the finding of fact arrived at by the trial Court in revision without conside......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 ...... 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 of fact ....... 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 ......er of compulsory retirement of the appellant was illegal and void inasmuch as the charge framed against the appellant by the Deputy Secretary, Ministry of Home Affairs was without jurisdiction, as according to the rules the Secretary, Ministry of Home Affairs was the designated officer to frame .................. Appellant vs. Bangladesh, represented by The Secretary, Ministry of Home Affair……Respondents Judgment August 28th, 1995. Cases Referred to- Bangladesh Parjatan Corporation Mafizur Rahman 46 DLR (AD) 46. Akhlasur Rabmanvi Safauru......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)
.... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ......miralty Court wrongly decreed the suit for US $16,20,000.00. The purport of this ground is that under clause 18.1 of the Time Clauses the claim cannot exceed the reasonable cost of repairs, which, according to the plaintiffs own showing, was only US $7,90,000.00 and therefore no amount exceeding......the High Court Division in Admiralty Suit No. 9 of 1988). Judgment: Mustafa Kamal J: The measure of indemnity in respect of claims for unrepaired damage to a ship caused by a peril insured against in a Marine Hull Policy of Insurance is the central th......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)
....d and the respondents Execution Case No.5 of 1977 is dismissed as being barred under section 48 CPC. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 126, 48 DLR (AD) (1996) 141 ......d and the respondents Execution Case No.5 of 1977 is dismissed as being barred under section 48 CPC. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 126, 48 DLR (AD) (1996) 141 ...............Appellant Vs. Md. Abdul Halim Mia…………………….. Respondent Judgment November 27, 1995. Cases Referred to- Bangladesh Jatiya Samabaya Bank Ltd. vs. Sangbad Daily Paper and others, BCR 1983 (AD) 4......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 ......d not paid rent in spite of his knowledge about the transfer in favour of the plaintiff, that he was a bona fide defaulter and that the disputed premises was required by the plaintiff. The suit was accordingly decreed on 23-9-1986. 6. In the revision taken by the defendant against the sai......aid decree and now this appeal by leave from the said judgment. 2. Plaintiff-appellant instituted the aforesaid suit on the averments, inter alia, that the suit premises originally belonged to one Mohsin Ali Pramanik and the defendant was a tenant under him in the said premises carrying o......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
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. ......ted to challenge such election in the Election Tribunal and agitate the question of age upon evidence at the trial therein, and that the High Court Division erred in assuming jurisdiction which according to the settled principle ought to be exercised by the Election Tribunal.” 8. Khondk......……………………… Appellant Vs. Md. Hedayetullah and others…………………….. Respondents Judgment January 3, 1996. Result: The appeal is allowed. Case Referred to- AFM Shah Alam vs Mujibul Huq and others, 41 DLR (AD) 68. Lawyers Involved: Khan Mahbubu......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)
....wrongly rejected the plaint to the great prejudice of the appellant and whether the reasons given by the learned Judge are tenable in law and extraneous to the question at issue causing failure of justice. Leave was also granted to consider whether on the averments made in the plaint and the pra......d Defendant No.1 as Second Party on 21.8.94, of which paragraph 4 reads as follows: “(4) The parties hereto agree that the care and custody of the child will now belong to Second Party according to her rights under the law, provided, however, that the First Party shall have visiting......vision No.4002 of 1994 rejecting the plaint of Title Suit No. 354 of 1994 after setting aside the judgment and order dated 23.11.1994 passed by the Senior Assistant Judge, 5th Court, Dhaka refusing to reject the plaint under Order 7 rule 11 of the Code of Civil Procedure. 2. The plaintiff ......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)
....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. ......e time past, because maintenance is an obligation in the manner of a gratuity, as by a gratuity is. understood a thing due without a return, and maintenance is of this description, it not being held (according to our doctors) to be as a return for the matrimonial propriety; and the obligation of it ......on Judgment here. Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Jamila Khatun…………………… Appellant Vs. Rustom Ali………………….... Respondent Judgment March 7, 1996. Result: The appeal ......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)
....ted pumps and issuing certificate for payment. We are, however, satisfied that the orders of acquittal passed by the High Court Division were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Repo......ority. Further case Of this respondent was, that the matter was to be guided by the terms of the tender and contract, that the University authority was free to return the pumps if they were found not according to specification and the respondent was agreeable to take them back and that there was no ......ssain and others…………………………Respondent (In Criminal Appeal Nos.15-17 & 18 of 1992) Judgment June 30, 1993. Result: All the appeals are dismissed. Cases Referred to- Mobarik Ali Ahmad Vs. State of Bombay, PLD 1958 (Supreme Court) (India) 115; Emperor Vs. Kan...... 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 ......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 ......thers …………………………..Respondents Judgment January 11th, 1996. Cases Referred To: Mujibur Rahman, Ex-Collector of Customs vs. Government of Bangladesh 13 BLD (AD) 1993 54=45 DLR (AD) 98. Lawyers Inv......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)
....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 ......ial quarter though he was entitled thereto; that he requested the General Manager, Postal Life Insurance, for allotting a quarter but he verbally told him to occupy any quarter if found vacant and accordingly, he took possession of quarter No. G-14/11, at Motijheel Colony on 18.12.1981 and reque......istant of GM Office, Postal Life Insurance, Dhaka filed Administrative Tribunal Case No. 154 of 1987 alleging, inter alia, that he was not allotted any official quarter though he was entitled thereto; that he requested the General Manager, Postal Life Insurance, for allotting a quarter but he ve......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. ......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. ......orted 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)
...., therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ......ant also sent the rent for the month of February by money order on 6.2.1986 and on its refusal has been regularly depositing the monthly rent in the aforesaid HR Case No. 80 of 1986. The appellant is accordingly, not a defaulter as alleged. 5. The learned Assistant Judge by his Judgment and decre......……………….. Defendant-Appellant Vs. Al-Haj Md. Ismail…………………………………………………………… Respondent Judgment January 18, 1996. Cases Referred to- Meherunnessa vs. A Latif 38 DLR (AD) 196; Residence Limited vs. Surendra Mohan Banerjee, Calc...... 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)
....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 ......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 ........Petitioners Vs. Badiar Zaman alias Bablu and another………………… Respondents Judgment August 27th, 1995. Cases Referred to- Tamizunnessa vs. Umar Ali reported in 18 DLR 572; Sale Mohammed vs. Mosammat Ayesha Khat......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)
....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 ...... under section 561A will be premature unless the accused-petitioner had gone through the stages under section 265C or 241A, as the case may be, and had not been discharged thereunder. The Rule was accordingly discharged. 5. Mr. Nurul Islam (Sujan), learned Advocate for the petitioner, su......ip;………………………………………… Respondent Judgment June 11, 1995. Cases Referred to- Emperor vs. Nazir Ahmad AIR (32) 1945 PC 18; N Mahmud vs. M Ahmed, 1984 BLD (AD) 97 = 3...... 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
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