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Nurul Huq alias Md. Nurul Hoque Vs. State, 1997, 26 CLC (AD)
....nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ......nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ......petition is dismissed. The Evidence Act, 1872 (I of 1872), Sections 45 & 73 The expert’s opinion is not a substantive piece of evidence. To the concurrent findings of the court below as to identical signature of the petitioner appearing on the Ext. 3 series and to other finding of fact......have been settled concurrently by the trial Court and the High Court Division on a detailed assessment of the evidence, both oral and documentary. The learned Counsel could not make out any breach of law or of procedure in the findings of the courts below. The expert’s opinion is not a substantive..Category: Criminal Law | Date: | Hits: 95
Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)
....laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ......laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ......ent November 17, 1997. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order VI Rule 17 The Court at any stage of the proceedings may allow either party to alter or amend his pleadings as may be just and necessary for the purpose of determining the real......in holding that the revision was incompetent. 8. Mr. Akram Hossain Amin, learned Advocate-on-Record for the appellant, submits that the High Court Division has misconceived the very principle of law relating to the amendment of the plaint. 9. Order VI rule 17 CPC provides that the Court ma..Category: Property Law | Date: | Hits: 83
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
.... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ...... written statement contending, inter alia, that Yasin Seikh and his brother Haji Abdullah had jointly acquired the suit properly out of their joint fund and they had been jointly possessing the same, accordingly it has been correctly recorded in the relevant SA Khatian. They denied the alleged deed ...... by Md. Nawab Ali, Advocate-on-Record —For the Petitioner. Sharifuddin Chaklader, Advocate-on- Record-For Respondent No. 1. Respondent Nos. 2-15-Not represented. Civil Petition for Leave to Appeal No. 432 of 1997. Judgment Md. Abdur Rouf J.- The plaintiff- petitioner along with hi......an defendant No. 2 along with he himself as the donee. It is asserted in the plaint that defendants Nos. 1-3 have no right, title and possession in the Suit land. 2. Defendant No. 3 and her son-in-law defendant No. 1, who is also a brother’s son of Haji Abdullah contested the Suit by filing a j..Category: Property Law | Date: | Hits: 93
Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)
....vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ......vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ...... The Muslim Marriage and Divorces (Registration) Rules, 1975, Rule 10 (2) Appointment of a new Nikah registrar on curtailment of one union from the jurisdiction of the petitioner does not amount to revocation of his licence for that union but is manifestly an order of curtailment of the Nikah R......by the Government in exercise of its powers under section 4 of the Act and, as such, the curtailment of said Anjadhat Union area from the nikah registration area of the petitioner has not been done unlawfully by the Government. 4. The learned Judges of the High Court Division by the impugned Judg..Category: Employment/Service Law | Date: | Hits: 137
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1998, 27 CLC (AD)
....reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ......fully met. Regard being had to the reliefs prayed for in the election petition we find no reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ......…..Respondent Judgment February 15, 1998. Result: The petition is dismissed. The Representation of People Order, 1972, Art. 50, 51(2) & 58 (a) Article 50 provides who are to be impleaded but does not prohibit any other person to be impleaded, considered necessary by the ......er is now seeking leave to appeal from the said order of the High Court Division. 8. The learned Counsel for the petitioner first contends that the High Court Division has fallen into an error of law in holding that there has been no non-compliance with the requirements of the provisions of arti..Category: Election Law | Date: | Hits: 168
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ...... the dignity of Bohmong Chiefship, but the Special Affairs Division of the Government, being politically influenced decided to appoint respondent No.1 Kyaw Sam Prue Chowdhury as the Bohmong Chief and accordingly the impugned Notification dated 4.11-96 passed under the orders of the President was pub...... The selection of Bohmang Chief is no doubt an executive selection and judiciary will not substitute its own selection in place of executive selection because it is not the function of the judiciary to select a Bohmang Chief. The selection will have to be made by the executive only. The court will ......tion. If so made judiciary will not intervene. If extraneous considerations have influenced the executive decision the court has certainly the power to declare the selection to have been made without lawful authority, all the more so, because government will also not deny that the susceptibilities o..Category: Civil Law | Date: | Hits: 203
Abdur Rahman and others Vs. Kheru Malitha and others, 1998, 27 CLC (AD)
....etition is out of time by 33 days and the explanation for the delay is satisfactory. For all these reasons the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 71. ......endants now seek leave to appeal from the said order on the ground that the High Court Division committed an error of law in setting aside the concurrent judgment and decree of the Courts below while according permission to withdraw the suit inasmuch as the right which vested in them under the decre...... Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order XXIII r. 1(1) Order 23, rule 1(1) of the Code of Civil Procedure clearly gives an unqualified right to a plaintiff to withdraw from suit at any time. When the plaintiff withdraws from his suit without......owed by a learned Single Judge of the said Court on 3 April, 1995. 3. The defendants now seek leave to appeal from the said order on the ground that the High Court Division committed an error of law in setting aside the concurrent judgment and decree of the Courts below while according permissi..Category: Property Law | Date: | Hits: 77
Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)
....the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ......-93 the vested Property Authority at the instance of some interested persons of the locality illegally issued notice upon the plaintiffs claiming 1.53 acre out of the suit land as Vested Property and accordingly they started the aforesaid VP Case, although there is no legal basis for the same. 3........ Result: The petition is dismissed. Vested Property The plaintiff having proved their title and possession in the property by producing valid documents of title and adducing evidence as to possession on the contrary the defendant government failing to prove foundation of making the sui......ession of the plaintiff-respondents in the suit land, which have been maintained by the High Court Division, finds it difficult to assail the Impugned judgment of the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. ..Category: Property Law | Date: | Hits: 73
Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)
....he proper course is to sent back the case on remand to the appellate court for re-hearing the appeal upon proper assessment of the evidence on record. But there may be cases where, in the interest of justice, the High Court Division may also consider the evidence which were not considered by the low......te Court, We do not find any legal infirmity in the impugned judgment which calls for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 67. ......, 1997. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Sections 115 If the High Court Division is satisfied that the lower appellate court has failed to consider any material evidence in reversing a finding of fact arrived at by the trial court, the ......te Court, We do not find any legal infirmity in the impugned judgment which calls for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 67. ..Category: Property Law | Date: | Hits: 74
Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)
....ng with the findings of the Tribunal the Appellate Tribunal held that in view of the minor nature of the misconduct found against the respondent stoppage of 3 annual increments would meet the ends of justice and accordingly modified the order of the Tribunal. The Appellate Tribunal dismissed the app......findings of the Tribunal the Appellate Tribunal held that in view of the minor nature of the misconduct found against the respondent stoppage of 3 annual increments would meet the ends of justice and accordingly modified the order of the Tribunal. The Appellate Tribunal dismissed the appeal of the G......ement or removal, dismissal from service under rule 4(5) and none else. The disciplinary authority with proper approval awarded him penalty of compulsory retirement. The tribunals below had no reason to take further lenient view of imposing the penalty and reducing the punishment………(8) La...... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ..Category: Administrative Law | Date: | Hits: 145
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprises Limited, 1997, 26 CLC (AD)
....e appeal is not well founded and liable to be dismissed. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 63. ......invited a tender for preparation of computerized telephone and telex bills for Dhaka, Chittagong and other areas of the country. The tender of the respondent company being the lowest was accepted and accordingly, an agreement was executed between the appellant and the respondent on 16-2-1988. Clause............................Respondent Judgment June 12, 1997. Result: The appeal is dismissed. The Arbitration Act, 1940 (X of 1940), Section 30 The appellant cannot raise any objection to arbitration while it self submitting to arbitration not only once but twice before the learned su......lid. The appeal was accordingly dismissed by the impugned judgment and order. 9. Leave was granted to consider whether the aforesaid findings of the High Court Division were contrary to facts and law applicable in the matter and further whether the award was otherwise vague and unenforceable and..Category: Alternative Dispute Resolution | Date: | Hits: 234
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ......ally denied except that she was his (respondent No. 1) legally married wife and the four children were born Out of their marriage. It has been asserted, inter alia, that their marriage was solemnised according to Islami Sunna in England. Respondent No. 1 was running a restaurant business in London a......lil and others………………………….. Respondent [In Civil Appeal No. 59 of 1995] Judgment March 30, 1997. The Constitution of Bangladesh, 1972, Article 102 Habeas corpus for custody of minor children Normally the minor children should be with their mother as long as she doe...... 4 writ petitions under Article 102(2) (b)(i) of the Constitution of the People’s Republic of Bangladesh alleging that the said children were being held in custody by the father Abdul Jalil without lawful authority and/or in an unlawful manner and further seeking an order for the custody of those ..Category: Family Law | Date: | Hits: 250
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
....id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ......t. 2. The plaintiff-respondent filed the aforesaid suit for specific performance of contract. The case of the plaintiff is that the Suit lands comprising of homestead, orchard, tank, etc. belonged to defendant Nos. 1 and 2 who entered into a contract with the plaintiff for sale of the same to him......No.4 was added as a defendant by the trial Court. 6. The trial Court on consideration of the materials on record both oral and documentary held as follows: “I hold and decide that plaintiff lawfully entered into a contract of purchase of the suit land from defendant Nos. 1 and 2 by Ext. 1 ..Category: Property Law | Date: | Hits: 86
Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)
.... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ...... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ...... her favour after getting consideration of Taka 3,000.00. Plaintiff’s other sons are serving in different places of the country and taking advantage of the illness of the plaintiff, defendant No. 2 took her to Bheramara for better treatment and might have got the impugned kabala registered fraudul...... 1979 on 27-9-84, reversing the judgment and decree dated 30-6-79 passed by the Munsif 2nd Court, Kushtia in TS No. 68 of 1977. 2. The plaintiff who is the mother of defendant No. 2 and mother-in-law of defendant No.1 filed the suit against them for a declaration that registered kabala dated 17-..Category: Procedural Law | Date: | Hits: 154
Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)
....ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ...... Utpal Kanti Das ……………………………….Appellant Vs. Monju Rani Das ………...Respondent Judgment July 22, 1997. Result: The appeal is dismissed. Marriage according to Hindu Law Once celebration of a marriage in fact is established, there shall be a pr......Kanti Das ……………………………….Appellant Vs. Monju Rani Das ………...Respondent Judgment July 22, 1997. Result: The appeal is dismissed. Marriage according to Hindu Law Once celebration of a marriage in fact is established, there shall be a presumption ......22, 1997. Result: The appeal is dismissed. Marriage according to Hindu Law Once celebration of a marriage in fact is established, there shall be a presumption of there being a marriage in law and observance of essential ceremonies even though every aspects of the elaborate program of the..Category: Family Law | Date: | Hits: 212
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ......e (3) of Article 320 of the Indian Constitution (Commission... “shall be consulted”) the Indian Supreme Court held that the words “shall be consulted” are not to be construed as mandatory and accordingly in the absence of consultation the action of the Government under any of the sub-clauses......…Respondents (In Civil Appeal Nos. 14, 15 & 16 of 1995) Shafiuddin Ahmed and 2 others ……………………………………………………..Petitioner (In Civil Petitions for Leave to Appeal Nos. 187, 206 & 207 of 1995) Vs. Bangladesh, represented by the Secretary, Mini....... These notifications have the precision of rules and are general in nature in their application to promotion to the posts of Joint Secretary and above and Deputy Secretary and they have the force of law…………..(42) The Constitution of Bangladesh, 1972, Articles 27, 29 (1) and 55 (4) (..Category: Constitutional Law | Date: | Hits: 185
State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)
....orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ......te referred the complaint petition to the District Bureau of Anti-Corruption for investigation and report fixing 28-2-87 for the next date of the case. On 28-2-87, PW 11 prayed for an adjournment and accordingly 30-3-87 was fixed for submission of report which was not received by the Court on that d......s Judgment April 1, 1997. Result: The petition is dismissed. The Evidence Act, 1872 (I of 1872), Section 45 It has been rightly found by the High Court Division that it was unsafe to proceed against the accused persons on uncorroborated opinion of handwriting and finger print ex......atun, accused-respondent No. 3, who was divorced by him prior to his death and thereafter she married Md. Raihan Ali Khandker, accused respondent No. 1. Said Rashida Khatun claiming herself to be the lawful wife of Mojahar Ali Mollah claimed the said property left behind by Mojahar Ali and on 11-10-..Category: Procedural Law | Date: | Hits: 120
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
.... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ...... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ......ure, 1908 (V of 1908) Order XXXVIII rules 5-10 The main consideration is that the power of attachment of property before judgment being an extraordinary power of interfering with a party’s right to use and enjoy its own property before any decree is passed, the Court should be very circumspect ......il entering caveat for respondent No. 4 submitted the High Court Division correctly decided both the points, that of service of notice and grounds for attachment, upon following correct principles of law. 11. We are inclined to agree with Mr. Ahmed. As far as service of notice is concerned, we ..Category: Procedural Law | Date: | Hits: 134
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....ncil submits that the learned judges acted wrongly in passing an order of reprimand in place of debarring respondent No. 1 for practicing for five years and the same has caused a great miscarriage of justice. 8. Mr. AR Yousuf, learing Advocate appearing on behalf of respondent No. 1 Advocate sub......s told her that the son of respondent No. 1 has filed TS No. 126 of 1989 for partition on the plea that she had gifted him 14 decimals of Senpara Parbata land; that she did not make any such gift and accordingly filed TS 427 of 1989 for cancellation of the said forged Hiba Deed; that thereafter resp......lause 4 Respondent No. 1 committed professional misconduct by filing vokalatnama on behalf of the plaintiff as well as on behalf of his son defendant in the same suit. As in fact no harm was done to plaintiff respondent no. 2 the substitution of reprimand in place of debarring the respondent no.......an order of reprimand in place of an order made by Tribunal No. 1 constituted under Bangladesh Bar Council debarring respondent No. 1 Mr. Khawja Abdul Gani, Advocate from practicing the profession of law before court for a period of five years for gross professional and other misconduct. 2. Mrs. ..Category: Others | Date: | Hits: 105
Mansur Ali Sikder Vs. Kanailal Banaajee & others, 1997, 26 CLC (AD)
....summoned was not bona fide. In such circumstances, we do not find that the High Court Division, in refusing to entertain the revisional application, committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This C......committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ......…………Respondents Judgment June 26, 1997. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order XVI Rule 1 If prayer for issue of summons to witnesses not bona fide or it is an abuse of process of the Court, it will not be unlawful for th......dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order XVI Rule 1 If prayer for issue of summons to witnesses not bona fide or it is an abuse of process of the Court, it will not be unlawful for the Court to refuse such a prayer for issuance of summons. Lawyers Involved: Abdul..Category: Property Law | Date: | Hits: 82
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