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Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)
....tted any illegality in affirming the decision of the trial Court. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 423, 49 DLR (AD) (1997) 133 ...... Mustafa Kamal J Latifur Rahman J Abdur Rouf (Md)…………… …………….Defendant-Petitioner Vs. Abdul Hamid and others……………… Plaintiff-Respondent Judgment ...... for recovery of the possession. In the present case, the learned Single Judge of the High Court Division accepted the finding of the trial Court that the plaintiff has been able to prove by cogent evidence that Abdul Khaleque, defendant No. 2, was a tenant under the plaintiff on the date of hand..Category: Property Law | Date: | Hits: 61
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....ppellants trespassed into the land of the plaintiff respondent and thus incurred a tortious liability which is actionable per se did the High Court Division take the right view in law and on facts in assessing the quantum of damages sustained by the plaintiff The plaintiff-respondent&rsquo...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Sirajul Islam Chowdhury and others ……………Appellants Vs. Md. Jainal Abedin &......tnesses. Both exhibited a fairly good number of documents. 5. Both the trial Court and the High Court Division concurrently held upon an exhaustive consideration of the oral and documentary evidence on record that the appellant’s vessel Banglar Kheya forcibly beached in the plaintif..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
.... (ii) An important question of principle involved in the case because of the manner in which the High Court Division exercised its writ jurisdiction in setting at naught the decision of a court of facts. (iii) The impugned judgment is untenable because it failed to consider some vital fa......Rahman J Md Abdur Rouf J BB Roy Choudhury J Government of Bangladesh ………………….Appellant Vs. Ashraf Ali @ Ashraf Ali and another ……………………………......possession of the building since 12.8-1975, that Md. Nasim had not mutated his name in the Government records including that of the Housing and Settlement Department and that there was no reliable evidence of possession either of Md. Nasim or of the writ petitioner before taking over possession ..Category: Property Law | Date: | Hits: 89
Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)
....g the Rule of quashing the proceedings in OR Case No. 835 of 1984 arising out of Kotwali PS Case No. 11 (5) 84 pending in the court of Chief Metropolitan Magistrate, Chittagong. 2. The short facts relevant for disposal of this appeal are that, respondent No. 2 Jafar Ahmed filed a petition ....... Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shamsuddin Ahmed Chowdhury………………………. Appellant Vs. State and another……………….. Respondents Judgment ......ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ..Category: Criminal Law | Date: | Hits: 72
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....remand and not indulge ourselves as an appellate Court because the law requires that the High Court Division should hear and dispose of the appeal. We shall therefore briefly refer to the essential facts of the case and indicate the reasons more fully for the observations made before. 3. T......ttorney-General, instructed by Mvi Md. Wahidullah, Advocate-on-Record- For the Appellant. Abdus Sobhan, Advocate, instructed by M Nawab Ali, Advocate-on-Record—For Respondent. Khandker Mahbub Hossain, Senior Advocate instructed by Shamsul Haque Siddique, Advocate- on-Record&m...... accused which ended in acquittal. 9. Of the 16 prosecution witnesses there were 7 eye-witnesses of the occurrence, namely, PWs 1-4, 6, 8 and 10. Others are official and formal witnesses and evidence of some is of corroborative nature. 10. The learned Sessions Judge upon a consider..Category: Criminal Law | Date: | Hits: 77
Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)
.... of the aforesaid proceeding on the grounds that the prosecution allegations did not constitute any criminal offence and that a civil suit having been pending against the petitioners on the self same facts the criminal proceeding would be an abuse of the process of the Court. 5. The same grounds ......97) 132 ......nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ..Category: Anti-Corruption Laws | Date: | Hits: 75
Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)
....ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh and another………….. Appellants Vs. Hosne Ara Begum&helli......the property. 5. The defendant appellants then made this appeal only to consider whether the High Court Division decreed the suit on erroneous assumptions and conjectures when there was no evidence to substantiate the plaintiff’s claims along with some other grounds which were not ..Category: Property Law | Date: | Hits: 72
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....he learned Attorney-Genet sought permission to allow Mr. Serajul Huq, who has been appointed, a. Special Public Prosecutor in the aforesaid case, to address US because of his special knowledge of the facts of the Case. Attorney-General Submitted that he would make one or two submissions, if necessar......he Petitioner. Mahbubur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-—For the Respondent. Criminal Petition for Leave to Appeal No. 36 of 1997. (From the judgment and order dated 23rd March, 1997 passed by the High Court Division, Dhaka in Criminal Misc. Case No.......t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ..Category: Criminal Law | Date: | Hits: 115
Alimuddin and others Vs. State, 1997, 26 CLC (AD)
....ment do not disown it. This is not to say that any and every official of the Government car perform an act which is required to be performed the Government under any particular law. In tin special facts and the law involved in the case, the application filed by the Public Prosecutor far revival ......vision (Criminal) Present: ATM Afzal, CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Alimuddin and others………………. Petitioners Vs. State &he......o reason to interfere with the impugned order upon time-barred petition. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 118 ..Category: Criminal Law | Date: | Hits: 74
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
....there was no want of lawful authority in passing the impugned judgement by the Special tribunal concerned. Therefore, the other writ petitioner in the other writ petition was not entitled, upon the facts of the said case, to the remedy under Article 102 of the Constitution. 6. While dispos......lip;…………………………….. Appellant vs. Government of Bangladesh represented by the Deputy Commissioner, Noakhali, and another…………….. Respondents Judgment April 9th, ......lectrically-charged torchlight do not come within the definition of “arms” or “ammunition” within the meaning of section 4 of the Arms Act, 1878. He has taken us through the evidence of PWs 1-4 who have uniformly deposed that only a rope and an electrically-charged torchli..Category: Criminal Law | Date: | Hits: 98
Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
....nt of those rights and consequential benefits arising Out of the judgment and decree of the Civil Court. Mr, Shafique Ahmed further submits that both the Tribunals erred in law in holding that in the facts of the present case the Tribunals have no authority to execute a decree of a Civil Court and t......d in: 49 DLR (AD) (1997) 109. ......e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ..Category: Administrative Law | Date: | Hits: 131
Nurul Hussain Vs. Government of the Republic of Bangladesh, 1997, 26 CLC (AD)
....mitted to raise the same questions in different form. There is no occasion for review. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 108 ......Advocate, instructed by ANM Manzurul Hassan, Advocates-on-Record for the Petitioner. Not represented—Respondent. Civil Review Petition No. 19 of 1994. (From the Judgment and order dated August 25, 1994 passed by the Appellate Division in Civil Petition for Leave to App......f the order dismissing his leave petition. 3. Mr. Md. Nurul Huq, learned Advocate for the petitioner, argued that the petitioner was found guilty of the alleged misconduct without any evidence whatsoever, that the act alleged against the petitioner was not in violation of either any..Category: Administrative Law | Date: | Hits: 112
Noor Jahan Begum and another Vs. State, 1996, 25 CLC (AD)
....special Court, the complainant’s case before the Magistrate cannot be stifled by quashing. The cases cited by Mr. Aminul Haque, 128 IC 221, 1932 CrILJ 309 and 1985 BLD (AD) 278, do not apply in the facts and circumstances of the case. 5. In that view of the matter the continuation of the proce......1997) 106. ......Magistrate himself and the High Court Division acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ..Category: Criminal Law | Date: | Hits: 149
Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....grounds of detention the name of the detenu does not appear in the FIR and that in those criminal cases the detenu had obtained bail from the Court of the Chief Metropolitan Magistrate, Dhaka—facts which could not be brought to the notice of the Court at the time of hearing of the Writ Pet......a Begum………………. Appellant Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs and others……………………Respondents Judgment ......ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ..Category: Criminal Law | Date: | Hits: 99
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....discharged the Rule by the impugned judgment and order. 5. Leave was granted to consider the submissions made for the appellants, that the lower appellate Court upon misconception of law and facts as to the cause of action for the suit and its maintainability in its present form wrongly d......7) 99 ......ower of Attorney executed on 29-3-63 in favour of said Fakir Mohammed and they being the successors of said Fakir Mohammed are the owners in possession of the suit land. 4. Considering the evidence of 7 PWs and 3 DWs and the documentary evidence, the trial Court decreed the suit in part ..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
....ssary even if the plaintiff is a party to it.” 16. In the instant case the plaintiffs are executants of the kabala in question and therefore very much a party to the document. The kabala, as the facts indicate, is not certainly void but voidable. In order to remove the impediment in the way of ......ivision (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J. Chitta Ranjan Chakraborty being dead, his heirs Ashish Chakraborty and others ……………Appellant Vs. Md. Abdur Rob alias Mvi. Md. Abdur Rob…………….......or declaration without a prayer for cancellation of the document and payment of ad valorem court fee was not maintainable. He was also of the view that a written document could not be refuted by oral evidence alone and that the question of limitation which was raised by the parties could not be deci..Category: Tenancy Law | Date: | Hits: 88
Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....d directing further the respondents of the writ petition to allow the writ-petition, Mohammad Monirul Huq, the Assistant Headmaster, to act as the Acting Headmaster of the said school. 2. Relevant facts, in brief, are that, the petitioner as a Headmaster of the aforesaid school crossed the age of......al J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Fazlur Rahman (Md) ………………...Petitioner Vs. Government of the People’s Republic of Bangladesh and others………… Respondents Judgment November 20, 1996. Result: The petition is d...... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ..Category: Constitutional Law | Date: | Hits: 163
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
.... institution of the suit. 13. Coming to the factual aspect of the case the learned Judge of the High Court Division has analysed the evidence threadbare and concluded: “The facts that the plaintiff himself said nothing as to alleged demand for reconveyance and that evi......7) 90 ......d 17 of 1988 are directed against the said judgement and decree of the High Court Division. 8. Leave was granted to consider whether the High Court Division was justified in reassessing the evidence as to the date of demand for reconveyance within Magh 1365 BS and coming to the findings t..Category: Property Law | Date: | Hits: 60
.... Annexures-M and J respectively to the writ petition, so far as those relate to the writ petitioners (now the respondents), without any lawful authority and are of no legal effect.
2. The relevant facts, in brief, are, Rani Dino Moni Multilateral High School, established in 1957 within Police Sta......te Division
(Civil)
Present:
ATM Afzal CJ
Mustafa Kamal J
Latifur Rahman J
Md. Abdur Rouf J
Secretary, Ministry of Education, Government of the People’s Republic of Bangladesh and others………………..Respondents-Appellants
vs.
Md. Anwar Hossain and others………...... statement and, as such, no arguments were allowed to be made on his behalf.
The appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 87.
..
Category: Employment/Service Law | Date: | Hits: 95
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....ealisation of loan and a suit under the Act for the said purpose, will be without jurisdiction. We are, however, inclined to think that the High Court Division expressed itself keeping in view the facts of the present case only and its observations are meant to govern the case in hand and not ge......ppellant. Dr. Kamal Hossain, Senior Advocate, instructed by Abdul Quasem, Advocate-on-Record — For the Respondents. Civil Appeal No. 54 of 1995 (From the judgment and order dated 5 January, 1995 passed by the High Court Division, Dhaka in Civil Revision No. 1419......d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ..Category: Business or Commercial Law | Date: | Hits: 117
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