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Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ......ere acquired by the Government in L.A. Case No. 16/1959-1960 and notice of acquisition was published in the official Gazette on 28.03.1968 and as such the land absolutely vested in the Government free from all encumbrances and the right, title and interest of the original owners extinguished. Th......o. 286/310 under S. A. Khatian No.165(Sabek) and 137(hal) of Mouza Begunbari, P.S. Tejgaon, Dhaka are in possession thereof physically on payment of rent and taxes but they were dispossessed therefrom illegally by 'Mastans' on 16.10.2000 without giving them prior notice or chance of being heard.......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ..Category: Property Law | Date: | Hits: 91
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
....lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......warned for his illegal activities relating to registration and the same was noted in his service record and this shows that the service record of the Respondent was not clean or in other words not free from blame. This being the position we are of the view the Selection Committee did not act eit......s made in the writ petition and stating inter alia, that a meeting of the Selection Committee of the Board was held on 25.11.1997 for the purpose of recommending names of employees from amongst the listed employees of the Board for promotion to the post of Section Officer and oth......lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 54
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......igatory on the part of the Abandoned Property Authority to release the property from the list of abandoned properties and to restore possession of the property to the accepted claimant of the same free from encumbrance created by the Abandoned Property Authority and for performance thereof the A......hittagong addressed to the Deputy Police Commissioner, Sadar Head Quarter, CMP Chittagong requesting him for placing police personnel at 10 hours on December 19, 1991 for eviction of the appellant from the property of M/s. Lazaf Commercial Corporation Ltd. at 40, Shaheed Saifuddin Khaled Road, C......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 38
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......g to find an accused guilty of an offence on the basis of such extra judicial confession. Unless the Court is convinced in the background of reliable evidence that the extra-judicial confession was free from the infirmities as mentioned hereinbefore, the extra-judicial confession should not be mad...... before. 13. One of the absconding convicts i.e. Abdus Salam Molla, surrendered and filed appeal along with Wahed Khan i.e. Criminal Appeal No. 2990 of 2002, and other convict Rabiul filed appeals from jail as stated hereinbefore. The death reference and the appeals were heard together and were......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ..Category: Criminal Law | Date: | Hits: 63
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......ed in the locality in the year 1960. It is claimed that the said Gazette Notification is quite legal, valid and binding upon the plaintiffs and the suit land vested in the defendants absolutely and free from any encumbrances with the publication of the aforesaid Notification. Fresh notice or fresh......ment and order dated 10th November, 1988 passed by the High Court Division, Dhaka in Civil Revision No. 324 of 1988.) Judgment ATM Afzal J.- This appeal by the defendants following leave is from Judgment and Order dated 10 November, 1988 passed by a Division Bench of the High Court Divisio......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ..Category: Property Law | Date: | Hits: 38
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....ng Committee of the school but also of the nature of the proposed construction of the super market and it is also in active consideration of the government that under no circumstances the educational environment will be allowed to be destroyed or disturbed. In this view of the matter judicial interv......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......e Respondents had already demolished the Science Building which has given rise to sensation and protest in the locality. 5. The plaintiffs pray for ad interim injunction restraining the defendants from proceeding with the construction and stated "if the defendants are allowed to construct any mar......izens to serve those needs. This is the constitutional obligation. The Indian Supreme Court when considering the nature and obligation of the directive principles in a case concerning environmental pollution and ecology observed in AIR 1987 (SC) 359- "Preservation of the environment and keepin..Category: Civil Law | Date: | Hits: 130
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
.... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ......ssion in a portion of the property under agreement for lease. Similarly the agreement (Exhibit 1A) provides that the first party, namely, M. A. Sabur will provide accommodation, to the second party free of rent in a house belonging to M. A. Sabur, in West Bengal. The second party was given the aut...... put into possession of the property in Khulna in pursuance of the said contract. 4. The appellants Title Suit No.308 of 1955 against the Respondent 1 was for permanent injunction restraining him from making construction or letting in tenants therein. The suit was contested by Respondents. Bot...... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ...... the police was considered as a serious aspect by their Lordships. They expressed disapproval with the following statement: “Just as it is essential that everyone accused of a crime should have free access to a Court of Justice so that he may be duly acquitted if found not guilty of the offenc......Senior Advocate with A.N.M. Raziul Haque, Shah Abu Nayeem, Advocates instructed by Abu Backkar, Advocate-on-Record - For the Respondents. Criminal Appeal Nos. 6 & 7 of 1978 (Arising out from the judgment and order of the High Court Division dated December 5, 1977 passed in the Criminal......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ..Category: Criminal Law | Date: | Hits: 95
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
.... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......s laid down in those decisions which keeps such an order outside its purview. I have no manner of doubt that this principle verily applies to such an order which deprives a person completely of his freedom of movement and action. There is no reason why Government or a Government functionary being ......r clause (a) of section 3(1) of the Special Powers Act, an order of detention until further orders, on the ground, that it was satisfied that the order was necessary for the purpose of preventing him from doing any prejudicial act. As required by section 8 of the Act, grounds of detention were serve...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
.... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ......contradictions. No doubt they are discrepant statements, but they did not destroy the categorical statements made by the witnesses in their examinations-in-chief. Then again the evidence of P.W.11 is free from any contradiction. If the evidence of the three witnesses stands, which we think it shou......granted to the Appellants, to consider whether the conviction of the Appellants under section 326/34 of the Penal Code could be sustained, as the evidence of three witnesses P.Ws. 7,8 and 11 suffered from contradictions, and should not have been relied upon and that the confession of co-accused Alo ...... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ..Category: Criminal Law | Date: | Hits: 41
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ......run, that Khatun Bibi being well off declined the proposal of her mother and asked her mother to make a gift of the property in favour of Rahela and the defendant and thereupon the plaintiff on her free will made the gift in favour of Rahela and the defendant and that the defendant went into poss......b her property, that Amjad Hossain made demand of the share of the land which he would get after death of the plaintiff, that the plaintiff gave land to Amjad Hossain which he would have inherited from his mother but still then he demanded share from the land that was with the plaintiff after tr......the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ...... and thereupon sending back the suit to the trial Court for adjudication taking into consideration the said documents. 13. The moot question in the appeal is, how far the appellate Court was free from error in allowing the defendants' prayer for acceptance of the kabuliyat of 1927 and the ...... of 1/2 decimal of land to Haji Jalilur Rahman, the predecessor of the defendant Nos. 1-10 and after his death his heirs defendant Nos. 1-10 are possessing the land purchased by Haji Jalilur Rahman from Rahim Boksha Bepari, that RS Khatian in respect of the 1/2 decimal of land has been prepared ...... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 36
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......cle 10 of the Constitution provides for the participation of women in all spheres of national life and Article 11 provides that the Republic shall be a democracy in which fundamental human rights and freedom shall be guaranteed, in which effective participation by the people through their elected re......d order dated 30-5-2005 passed upon hearing of the aforesaid writ petitions together and disposed of accordingly, discharging the Rules without any order as to costs and directing exclusion of time from 4th January, 2005 when the respondent No. 4 was restrained from holding the election till the r......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ..Category: Constitutional Law | Date: | Hits: 221
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ......section 7 of section 7 of the Ordinance. It is seen from the minutes of the meeting of the Commission held on August 6, 2005 that the Commission felt necessity of preparing a fresh voter list free from mistake. In that state of the matter it cannot be said that the Commission took decision ......ised to prepare a fresh an electoral roll of an electoral area or constituency where there has been gross error or irregularity "in or in the preparation" of said electoral roll. As seen from the provision of sub-section 6 of section 7 of the Ordinance that under the said provision an ......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ..Category: Election Law | Date: | Hits: 159
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....the Chief Justice by rule had promulgated could be reconciled. In admiralty matter the situation is worse. "The geographical jurisdiction of the Admiralty Court extends over the world wide maritime environment. Judges have customarily expressed the scope of the Admiralty jurisdiction by reference ......f the Constitution of the People's Republic of Bangladesh. Proclamation of Independence The Proclamation of Independence dated 10th April, 1971 issued from Mujibnagar read: Whereas free elections were held in Bangladesh from 7th December, 1970 to 17th January, 1971 to elect re......rney-General appearing for the Caveator pointed out that the concept of "Permanent Bench" is nothing new and extensively referred to the establishment of the permanent Benches of the High Court from the Indian Jurisdiction. The learned Attorney-General contended that the establishment of the P......Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ..Category: Constitutional Law | Date: | Hits: 1934
Abul Kashem and others Vs. State, 1989, 18 CLC (AD)
....nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......r days after the incident. They said that having heard a cry "Mago" they went to the river bank and found a man lying blind-folded with his hands and legs tied; they opened the ties and set the man free who was found to be Shariatullah; Police was then informed. 10. Of the local witnesses, P.W.......ted 4 May 1983 and sentenced to transportation for life. They preferred an appeal but it was dismissed by the High Court Division by an order dated 1 December 1985. 2. The prosecution case arose from an incident which took place on 18 September 1982 at about 8-45 P.M. in the dwelling hut of the......nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152..Category: Criminal Law | Date: | Hits: 57
Syed Nizamuddin Mohsin Vs. People's Republic of Bangladesh, 1989, 18 CLC (AD)
....answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......r any law for the time being in force and also all lands, so lost by diluvion under the said subsection, which may re-appear on or after the said date, shall vest absolutely in the Government free from all encumbrances and shall be at its disposal. It is the plaintiffs own case that th....... only to reappear again in 1374 B.S. since when the plaintiff claims to be in possession. The Suit land was, however, recorded in S.A. Khatian in the name of the Government and rent was not accepted from the plaintiff whereupon the suit was filed. 3. The government, defendant-respondent No.1, co......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ..Category: Property Law | Date: | Hits: 42
Abdul Jalil Vs. Bangladesh House Building Finance Corporation & another, 1989, 18 CLC (AD)
....im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109......uction-purchaser) praying for payment of compensation and interest. He has stated that he has no residential house in Comilla town, that with the hope that the property put up for court sale would be free from defect, he participated in the auction and procured the big amount of Tk. ten lac ten thou...... Miah, Advocate with him, instructed by Md. Altab Hossain, Advocate-on-Record—For the respondent No. 2. Civil Appeal No. 6 of 1988 Judgement: A.T.M. Afzal J. — This appeal by leave is from an order dated 27 October, 1987 passed by a Division Bench of the High Court Division, Dhaka ......im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109..Category: Property Law | Date: | Hits: 30
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......8 in the 4000 (four thousand) Union Parishads of Bangladesh. It is a sad commentary on electoral process of our country. He submitted that the terms of Rules 70 are of widest import. In order to have free and fair election such power to order re-poll is inherent for conducting election honestly,...... else. The Election Commission has been given power to decide certain matters but such enquiry will not come within the purview of judicial enquiry because the power to decide judicially is different from deciding administratively. By taking resort to extraordinary jurisdiction for a writ the High C......rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ..Category: Election Law | Date: | Hits: 165
....the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
......y is it that declaration of rights may prove to be in practice little more than words in communities where the executive is held in greater awe than the Constitution, where people are not free to organise themselves or where they lack knowledge and capacity to form a public opinion."......ad in the district of Gopalganj which was held on 10.2.1988. He filed his nomination paper but it was rejected by the Returning-Officer on the ground that he defaulted in repaying loan taken by him from the Janata Bank and Krishi Bank and as such he was disqualified from seeking election under sec......the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
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Category: Election Law | Date: | Hits: 212
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