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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. ......hat the order for holding inquiry by the ASP was illegal and improper as his superior/higher officers were made accused in the complaint petition. 5. The High Court Division took the view that the question of taking sanction at this stage does not arise as cognizance has not yet been taken. As to......ction at this stage does not arise as cognizance has not yet been taken. As to the second point it was held that there was no bar for investigation for the satisfaction of the court as to whether the facts disclosed constitute the offences alleged in the petition of complaint. The revisional applica..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 ......t abate as a whole. The learned Subordinate Judge by his order dated 29-5-85 observed that the heirs of deceased-defendant No.3 Aga Ali Reza having been substituted in Misc. Case No.25 of 1969 the question of abatement did not arise and the plaintiffs were directed to take necessary steps for su...... 2. Leave was granted mainly on the ground that the High Court Division failed to apply the correct principle as to substitution of the heirs of deceased-defendant No.3 as was applicable in the facts and circumstances of the present case. 3. To recall, briefly, the facts of the case, p..Category: Property Law | Date: | Hits: 70
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....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 ......sses 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 including the High Court. Division were whe......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 ..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 ......spondent Nos. 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 wit......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 ..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 ......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 ......Government Servant did not go for voluntary retirement and he was given compulsory retirement from service as a measure of punishment and, as such, the principle of estoppel is not attracted in the facts and circumstances of the case inasmuch as the appellant under compelling circumstances had to..Category: Administrative Law | Date: | Hits: 138
Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)
....the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ......ct did not consider the evidence upon which the finding of the trial Court has been based and consequently he entered into a detailed consideration of the evidence on record. 9. The material question for decision was whether there was shifting of Bhadrapara Adarsha Non-Government Primary......the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ..Category: Property Law | Date: | Hits: 63
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 ......hat “the only point (that) is to be considered and decided in this case (is) as to whether....the insurer is liable to pay the compensation for damage for the accident of the vessel in question.” The Court obliquely accepted the defendant’s contention in paragraph 21 of t......hat else the Admiralty Court could do but to accept the mere word of mouth yet unchallenged evidence of PW I ? We therefore find that the Admiralty Court committed no illegality in finding, in the facts, circumstances and evidence of the present case, that the market value of the vessel on the e..Category: Business or Commercial Law | Date: | Hits: 151
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 ......ion that rent was ever demanded from defendant before filing the suit on 4-9-1984, learned SCC Judge was clearly wrong in holding that the defendant was a defaulter. 11. Similarly, as to the question of bonafide requirement of the plaintiff the learned SCC Judge without reference to the e......know about the transfer of the disputed premises. The plaintiff never informed him about the transfer either orally or by notice as alleged. The learned SCC Judge without considering the aforesaid facts abruptly made a finding as to the defendant being a defaulter and to make the confusion worse..Category: Property Law | Date: | Hits: 52
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....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 ......hich could easily be adjusted towards then rents of the disputed premises for some more years with effect from 1.1.85 and accordingly, the defendant is not a defaulter from September, 1975 and the question of construction as claimed in the plaint does not arise; that the defendant on 22.4.89 by ......pect of the case, that admittedly the plaintiffs had in their hands unadjusted amount of money paid by the defendant which could be easily adjusted towards the payment of rent and whether on these facts the defendant could be termed as a defaulter. 7. In view of the leave granted by us we ..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. ......ave was granted on 13 April, 1995 to consider the following submissions: “The petitioner now contends that it was stated in the petition and submitted before the High Court Division that the question of age of the petitioner being a disputed question of fact the same could not be decided ......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. ..Category: Election Law | Date: | Hits: 129
Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 1996, 25 CLC (AD)
.... that prayer for the proposed amendment of the plaint. The appeal is, therefore, dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 120 ...... that prayer for the proposed amendment of the plaint. The appeal is, therefore, dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 120 ......in the above mentioned Civil Revision case and the learned judge of the High Court Division by the impugned judgment and order discharged the Rule holding that the appellants introduced certain new facts and subsequent cause of action different from those made in the plaint which have the tendenc..Category: Property Law | Date: | Hits: 52
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ......le 11 of the Code of Civil Procedure 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 ave......dered some unwarranted and extraneous matters not relevant for disposal of the real issue involved in the suit. The learned Single Judge has failed to decide the case on proper understanding of the facts and relevant law applicable thereto. The learned Single Judge was so much swayed that in rej..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. ...... powers of the Arbitration Council to award maintenance, In our opinion, under this provision of law, the Arbitration Council is competent to award maintenance for the past subject, of course, to the question of limitation. In the present case, the High Court has considered the question of limitatio......urse, to the question of limitation. In the present case, the High Court has considered the question of limitation and has come to the conclusion that Article 120 of the Limitation Act applies to the facts of the present case and the claim of the respondent was not barred by limitation. In this view..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....vision 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 Reported in: 48 DLR (AD) (1996) 100. ...... rice from Karachi but failed to make the shipment and he was tried and convicted for the offence of cheating under section 420 Penal Code. The Supreme Court observed that “in a case of this kind a question may well arise at the outset whether the evidence discloses only a breach of civil liabilit......part of the contract even though he had not done so in that he had only supplied spurious pumps which were not according to the specifications as in the tender notice. Mr. Bhuiyan maintained that the facts of the present case fully fit in with illustration (h) to section 415 Penal Code which defines..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 ......iable to be challenged before any Court or tribunal and that there was no illegality in the impugned order. The review petition has been rightly rejected after due consideration of all the material facts. 4. Mr. Md. Nawab Ali, learned Advocate- On-Record appearing for the petitioner, submi..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 ......case the suspension order was passed on 23.2.82 and after about two years and five, months the new Rules misinterpreted sub-rule (11) of Rule 7 of the new of 1984 came into operation. As such, the question of Rules of 1984 and wrongly made the same applicable communicating charges under the new ......case. 10. Mr. Abdur Rob Chowdhury, learned Advocate appearing for the respondent, referred to a decision of this Division reported in 43 DLR (AD) 209. That decision is not applicable in the facts of the present case. In that decision, it was held that the proceeding which was started unde..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. ...... আসল কবালায় গণ্য হইবে।” 8. It is submitted by Mr. SR Pal, learned Counsel for respondent No.1, that although it was the respondent’s case that the deed in question Ext. 2 was an out and out sale with a condition of re-purchase, it was clearly stated in pa......d, namely, Mohammad Ahmed Saeed Khan Vs. Kishori Lal, AIR 1932 (All.) 375, Kamala Sahai Vs. Babu Nandan Mian, 11 CLI 39 and Lala Bihari Lal Vs. Abdul Aziz, 119 IC 92 are not exactly applicable in the facts and circumstances of the case. 14. On the other hand, when Begumjan expressed her inabilit..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 ......2nd June, 1994 passed by the High Court Division, Dhaka in Civil Revision No. 7404 of 1991). Judgment ATM Afzal CJ.- In this appeal by leave, at the instance of the defendant-tenant, the only question for consideration is, whether WASA charge payable by the tenant along with the ‘rent’ i......remises Rent Control Ordinance, 1986 (Ordinance No. XXII of 1986) briefly, the Ordinance, would render the deposit of rent incomplete and invalid making the tenant liable for eviction. 2. Material facts necessary for disposal of this appeal, briefly are, that the appellant has been running its bu..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 ......ruary 1, 1980 executed by Md. Ibrahim in favour of Munshi Abdus Satter predecessor-in-interest of the respondents. The case of the pre-emptor, in short, is that he is a co-sharer in the holding in question with the vendor Md. Ibrahim who executed the Kabala in question on February 19, 1980 in fav......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 ..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 ......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 ......n this petition. 3. No one appeared for the petitioner before the High Court Division. 4. It appears from the impugned judgment that the learned Judges have not at all considered the facts of the case but upon making reference to the amendments brought about in Chapters XXIII and X..Category: Criminal Law | Date: | Hits: 71
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