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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 ......hat ground. The petitioner gave up his other allegations in the election petition. The Tribunal accepted the application and noted that at the time of hearing the arguments of both sides only this question of law was agitated by both sides. Mr. Yousuf submits that in the context of this developm......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 ..Category: Others | Date: | Hits: 119
Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)
.... 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 ......xed for peremptory hearing on 4.10.94, the learned Judges deciding the appeal on 4.9.94 thought it fit and proper to direct the disposal of the miscellaneous case along with the suit. The material question that is to be decided in this appeal is, what will be the legal effect of an application f...... 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 ..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 ...... cause the notice to be published in a newspaper. The appellate Court below erred in holding the service of show cause notice to be insufficient and the High Court Division failed to consider this question, which was a vital one. 10. It is also the admitted position that the respondent fa......t fulfilled because the Rules left it to the discretion of the authority to appoint an enquiry officer. If the appellant had acted without appointing an enquiry officer in view of the preposterous facts presented by the respondent, then it cannot be said that the action taken was wholly without ..Category: Property Law | Date: | Hits: 124
Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
....Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......o recognise the appellants. Further, he saw the appellants along with Golap sitting under the jackfruit tree when they were approaching the place of occurrence. The presence of this witness being not questioned or assailed the pertinent question will be whether he could recognize the appellants. P.W...... He also stated that his father had no talk either with Jaj Mia or with him. 12. Hence, non‑disclosure of the names of the appellants in the First Information Report is not very material in the facts of the case and the learned Judges of the High Court Division correctly scrutinized the materi..Category: Criminal Law | Date: | Hits: 49
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......has been made available to us by the learned Additional Attorney‑General and it shows that far from keeping the appellant in the dark, the appellant as Director of the Authority was interviewed and questioned by the Enquiry Committee which also considered the appellant's service career. The Commit......nced in its exercise by considerations outside those for promotion of which the power is vested the Court calls it a colourable exercise and is undeceived by illusion". 11. He submits that in the facts of the present case from a perusal of the Enquiry Report as a whole it cannot be said that the..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
....portedly containing resignation letters of members belonging to their parties to the Speaker; P. And Whereas the Speaker after examining these resignation letters found that all these were on the identical ground, namely, the failure of the ruling party to introduce a bill to the Parliament for ......d somewhat unique in character, under Article 106 of the Constitution of the People's Republic of Bangladesh by which the President has sought to obtain the opinion of the Supreme Court on some legal questions arising out of the continuous absence of some members of the Parliament consequent upon th...... this matter. The learned Attorney‑General has, however, offered that he will be available for any assistance that the, Court may ask from him. 8. The Court will not entertain any statements of facts/affidavits of any party. The hearing of the matter will continue without any adjournment. ..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. ......y of the prisoner must specify the case of detention and discharge the burden of proof in lawful justification of the detention. The detaining authority making return to the rule is to place relevant facts before the court. Where the respondents do not file any return, as in this case, the Court can..Category: Criminal Law | Date: | Hits: 75
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 ......who would dispute any fact, however plain and manifest." 11. If there is serious apprehension, as given vent to by the appellant and respondent Nos. 4, 6 and 7, as to the properties in question being wasted away, a prayer for appropriate remedy may be made before the Court where the ......ctively, will show the tendency to limit proceedings under the Trustee Act. In one other case, (1875) 10 Ch A 273, and in yet a second case, (1875) 10 Ch A 55 the proceedings appear summary and the facts not disputed. Moreover, referring to the words of section 74 itself, it would appear that a ..Category: Property Law | Date: | Hits: 76
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......xed and more or less conventional meaning, or (3) if by the universal custom of some trade or business an artificial meaning peculiar to that trade or business has been attached to the words in question." 14. The same is the view taken by Rout Colinvaux in the Law of Insurance......es was taken out by the plaintiff from Green Delta Insurance Company Ltd, but the plaintiff did not disclose this fact to the appellant and therefore, there was a fraudulent suppression of material facts causing serious breach of utmost good faith. It is evident from the survey report, it was al..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Hakim (Md) Vs. Genandra Nath Bashu Roy, 1995, 24 CLC (AD)
....ve no locus standi in the matter (Other Class Execution Case No.4 of 1993). The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 95 ......ve no locus standi in the matter (Other Class Execution Case No.4 of 1993). The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 95 ...... the same date. 2. Mr. Md. Faz1uI Karim, learned Advocate for the petitioners frankly submits that the objection as to limitation as raised by the petitioners is not tenable in view of the facts found in the impugned judgment. He, however, submits that the petitioners' application under ..Category: Civil Law | Date: | Hits: 109
Yakub Ali Vs. State, 1995, 24 CLC (AD)
.... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ...... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ....... In the instant case these provisions under Chapter XVI are not applicable because the Magistrate has not taken cognizance under section 200. It is not disputed that upon receiving a complaint of facts a Magistrate without taking cognizance under section 200 may order an officer‑in‑..Category: Criminal Law | Date: | Hits: 62
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
....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 ......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 ...... a mitigating circumstance in reducing the sentence. Leave was also granted to consider whether the fact of confirmation of the sentence of death after about 4 years of the passing thereof, in the facts of the case, can be a matter in favour of the accused for commuting the sentence of death. ..Category: Criminal Law | Date: | Hits: 73
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ...... was done arbitrarily and it was not in the public interest. The appellant did not join afresh or file joining report after the notifications dated 4th August and 4Lh September, 1990 and hence the question of personal hearing does not arise as he did not acquire any right; that since his appoint......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....ied 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. ......he judgment 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 Provisi......ection 5 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985), briefly, the Ordinance. Accordingly they are taken up together for disposal although the facts of the two cases are different and they arise out of two different proceedings. 3. Ci..Category: Property Law | Date: | Hits: 86
Shahidul Islam (Md) & anr Vs. Md. Sayedur Rahman and others, 1995, 24 CLC (AD)
.... we are reluctant to interfere with the interlocutory order of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 70 ...... health conditions of the residents of the locality. 3. Defendants' main contention is that the suit area is a commercial area and there are shops and commercial buildings and, as such, the question of health hazard does not arise and that the defendants have set up Mills in that area af......plaintiff with a direction to dispose of the suit within three months. 6. Mr. Jahangir Kabir, learned Advocate who appeared before us with the leave of the court wanted to argue that in the facts and circumstances of the case the learned Single Judge of the High Court Division ought not t..Category: Civil Law | Date: | Hits: 95
Hasan Ali and others Vs. State, 1995, 24 CLC (AD)
....ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ......ate for the appellants, has referred to the judgments of the trial Court and the appellate Court which show that the road was "partially damaged"; but it is clear that the public road in question was damaged. As such, commission of the offence was complete. While granting leave as to t......in question was damaged. As such, commission of the offence was complete. While granting leave as to the sentence, it was mentioned that the sentence was to be considered also in view of the "facts and circumstances of the case". We have perused the judgments of both the Courts, but we..Category: Criminal Law | Date: | Hits: 60
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....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 No 982 of 1994). Judgment: Shahabuddin Ahmed CJ: This appeal by leave calls in question an order of the High Court Division dated 12 June 1994 transferring a criminal case from t......lication for bail on the ground of illness supported by a medical certificate. This time his prayer for bail was not opposed by the Public Prosecutor and the Sessions Judge on consideration of the facts and circumstances of the case, which was pending for a long time, granted the bail. From this..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 ...... in the name of further investigation made the informant and witnesses of the case accused in the same case resulting in an unusual order of quashment passed by the High Court Division which in the facts and circumstances of the case appears to have been rightly passed. 2. Briefly stated,..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
.... 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 ......) of the Constitution was not authorised under the Rules. That being so, Article 55(5) says further:..............and the validity of any order or instrument so attested or authenticated shall not be questioned in any Court on the ground that it was not duly made or executed." 28. It is, however,......m this Division on 23 May, 1993 pending disposal of its petition for leave to appeal. Leave was granted on 17 June, 1993 and the order of stay was extended till disposal of the appeal. 3. Material facts of the case are that the detenu joined the Chittagong Port Authority in December, 1962 as Assi..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......on perusal of 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 t......e Judge's Judgment and decree in Title Suit No. 46 of 1979. Questions raised in this appeal are whether specific performance of contract for sale of the land in suit should have been refused in the facts and circumstances of the case on the grounds that the plaintiff‑respondent violated an..Category: Property Law | Date: | Hits: 69
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