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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 ......in that neither in the trial Court nor before the High Court Division, this point was raised disputing the jurisdiction of the learned Magistrate. The petitioner will not be permitted to raise the question here for the first time. Further, the learned Advocate admits that section 448 was not tri......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 ..Category: Criminal Law | Date: | Hits: 74
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. ......joyment of the usufruct of the schedule land during her lifetime only. This the executor did by means of a document which he titled as "Arpannama" and invoked the word "Arpannama" also in the deed in question. He prohibited the settlement, gift, sale or any other kind of transfer of the schedule pro......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. ..Category: Property Law | Date: | Hits: 146
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ......notice was served under Article 7 of President's Order No. 16 of 1972, that the very fact of the death of Syed Mohammad Azam is a subject matter of a suit and the writ petition involves complicated question of tide which cannot be decided by the Court in writ jurisdiction. Further, the Settlement......d that in the High Court Division the respondents did not have any opportunity to file any affidavit‑in‑opposition and therefore the Government did not have any opportunity to state the facts. The respondents therefore filed an additional paper book and contended that by a notice dat..Category: Property Law | Date: | Hits: 62
State Vs. MA Malik, 1995, 24 CLC (AD)
....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 ......tting Member of the Parliament. On 17.3.1992 the respondent went to her paternal house at Sylhet where she was then residing. At about 10 O' Clock in the night in course of exchange of words on the question of payment of dowry the respondent became infuriated and physically assaulted her and att......ing with an eye on section 497(1) Cr.P.C. for the purpose of bail only. This finding also answers the second submission made on behalf of the State. The learned Judges after noticing the particular facts of the case observed: "Thus not only there is in our view good prima facie..Category: Criminal Law | Date: | Hits: 64
Samsun Shipping Corporation Vs. Hossain and Sons and others, 1995, 24 CLC (AD)
....e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ......e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ...... Latin American Shipping Corporation (1983) 1 All ER 1121 and the case of British India Steam Navigation Co. Ltd. vs. Shanmughavilas Cashew Industries and others (1990) 3 SCC 481, but ‑ in the facts and circumstances of the case we do not think that the cited cases have any relevance to the ..Category: Admiralty Law or Maritime Law | Date: | Hits: 228
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ...... Kamal, J. I, however, like to add a few words of my own. 2. Facts of the case have been elaborately discussed in both the proposed judgments and as such, I need not reproduce them here. The main question is, whether the inclusion of the land of the appellant's approved lay‑out plan in the lan......t connection, the Lay‑out Plan was sought to be re‑aligned in such a way as to spoil the entire scheme. These acts and conduct of the RAJUK unerringly indicate something mala fide. In view of the facts and circumstances in particular, the conduct of the DIT, now RAJUK, the proposed acquisition, ..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 ......From the judgment and order dated 15‑7‑93 passed 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 ......uashed by the appellant in Criminal Revision No. 1768 of 1992 taking the grounds that it was out and out mala fide, started at the instance of a Cabinet Minister out of political rivalry and that the facts alleged against him do not constitute any criminal offence of misappropriation, cheating or fo..Category: Criminal Law | Date: | Hits: 76
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ......extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ......nd temporary injunction was passed by the trial Court on 29.11.90 the appellants did not stop the construction but continued to give finishing touches to it. 15. it does not appear from the facts and circumstances of the case that the matter is purely a concern between the private rights ..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 ......(SC) 1413. KD Gupta vs. Union of India AIR 1983 (SC) 1123 and Ranjit Thakur vs. Union of India and others AIR 1987 (SC) 2386. These decisions have got no relevance. In none of these decisions the question of compulsory retirement on the basis of rules elected by the incumbent came up for consid......e High Court Division for disposal on merit. The matter was, however, heard extensively. After considering the submissions of the parties at length. I am of the view that an order of remand in the facts of the case will be an exercise in futility. 3. The learned Counsel for the appellant..Category: Constitutional Law | Date: | Hits: 203
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ......t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ......1350 of 1993 in the High Court Division and obtained a Rule. By the impugned judgment and order the learned Judges of the High Court Division disallowed the amendment of plaint on the ground that the facts of a later suit cannot be incorporated in the pleadings of an earlier suit and that the amendm..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 ......t cannot be said that he had no authority to so decide id it also cannot be said that his decision suffers from malice in law. If an alternative interpretation is possible with regard to the issue in question, namely, the effect of pendency of appeals against the orders of conviction and sentence, t......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 ..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 ......of a finding that even assuming that all the facts were admitted no offence was disclosed, but no such finding was made by the High Court Division nor could have been made in the facts of the ease in question. Secondly, live witnesses for the complainant having been examined and the matter having be......r. Case No. 223(c) of 1990 pending in the Court of Upazila Magistrate, Sadar, Jessore under sections 354 and 384 of the Penal Code instituted by the appellant against the said respondent. 2. Brief facts of the case are, that in Criminal Case No. 182(c) of 1987 a petition of complaint was filed by..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 ......) whether in the face of the finding that there was relationship of landlord and tenant between the plaintiff and the defendant, the defendant could raise the plea of title. 9. To answer the first question it may be pertinent to refer to some of the provisions of the Small Cause Courts Act, which......iff, Haji Kasimuddin Mandal are the present appellants while the defendant is the respondent. 2. The judgment of the High Court Division appealed against is all too brief and does not disclose the facts of the case nor does it dwell upon the legal propositions involved to any extent of satisfacti..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 ...... in support of its claim of set-off. One cannot lose sight of the fact that had the defendant been paid the back salaries in pursuance of the trial Court decree as far back as in the year 1989, the question of any set-off would not have arisen. The claim of the plaintiff cannot be defeated. ...... Martial Law Administrator as he was found undesirable for his misbehaviour and misdemeanour with the employees of the corporation. 5. The learned Subordinate Judge, on consideration of the facts and circumstances of the case and the evidence on record, came to the findings that the impug..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 ...... 8. As to maintainability it was held relying upon Dhaka Warehouse Ltd. and others vs. Assistant Collector of Customs 11 BLD (AD) 227 that inasmuch as the vires of some statutory provisions were questioned which could not be adequately dealt with by the appellate authority under the Customs Ac......erchandise. The writ-petitioners claimed that they had a right to be assessed as per SRO in force on the date of the opening of the letters of credit. 3. It will be sufficient to notice the facts of only one case because the facts in all the petitions are basically the same giving rise to..Category: Business or Commercial Law | Date: | Hits: 126
Delwar Hossain Khan (Md) Vs. Dhaka Club Limited and another, 1996, 25 CLC (AD)
....cept observing any direction that may be contained therein. With the above observations the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 198 ...... the said order of the trial Court dated 27-9-95 and the High Court Division dismissed the appeal. 3. As the impugned order of suspension of the petitioner has lost its force on 24-11-95 the question of granting temporary injunction does not arise the moment. 4. Mr. Rafiq-ul-Huq, le......cept observing any direction that may be contained therein. With the above observations the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 198 ..Category: Property Law | Date: | Hits: 65
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. ......accordingly, 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.&n......iled further concise statements after hearing the submission of the learned Additional Attorney-General. 6. In order to appreciate the point at issue in these appeals we may now turn to the facts of the case which are nearly common. The writ-petitioner-respondents are engaged in the busin..Category: Intellectual Property Law | Date: | Hits: 279
Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)
....ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ......of the sanctioned plan. No such notice was issued by the aforesaid Memos. By Memo. dated 5-5-94 (Annexure B) the appellant was only asked to show if he has any sanctioned plan for the building in question. He replied to the said Memo. on 7-5-94 (Annexure C) and stated the particulars of his san......g on the part of the Kartripakkha if it leans on one side and in any case a building cannot be demolished unless it comes within the mischief of sub (5) of section 3B which is not attracted in the facts and circumstances of the case. Also the Kartripakkha never asked the appellant to demolish th..Category: Business or Commercial Law | Date: | Hits: 136
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....... illegal and invalid. Thus while it will be necessary to recount briefly all the facts for a proper appreciation of the plaintiffs case (and of the defendants also) the decision will turn only on one question, namely, whether the acquisition of the plaintiffs’ land was illegal for want of proper s......de those of the High Court Division dated, 10 November, passed in Civil Revision No. 324 of 1988 and dismissing Title Suit No. 147 of 1984 of the 3rd Court of the Subordinate Judge, Dhaka. 2. The facts of the aforesaid Title Suit No.147 of 1984 leading to the appeal to this Division have been se..Category: Property Law | Date: | Hits: 80
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ......lt, the Rule to this extent is made absolute”. Next, it did not decide whether the writ petitioners were “surplus public servants” within the meaning of the Ordinance but left the question for settlement in future when they are absorbed or re-appointed. The Rule was made absolut......The affected persons are not supposed to get even copies of them. But if the contents thereof are not denied by the respondents the Court can draw such conclusions therefrom as it thinks fit in the facts and circumstances of each case. 19. Mr. Amirul Islam, however, contends that the Ordi..Category: Constitutional Law | Date: | Hits: 161
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