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Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....that they ought to have filed a suit for permanent injunction. The learned Advocate submits that the learned Judge of the High Court Division upheld the decree of the lower appellate Court upon an identical misconception of law that the cause of action for the suit having been shown to be a mere......dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......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..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ......yer 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 decided without evidence. Withou......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 ..Category: Tenancy Law | Date: | Hits: 88
Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
.... 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. ......chools) Regulations, 1977, hereinafter referred to as “1977 Regulations”, under Regulation 4(1)(a)(i) the Deputy Commissioner or his nominee is the Chairman of Managing Committee of the School in question. The operation of the order of constitution of the Ad-hoc Managing Committee of the School ......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..Category: Constitutional Law | Date: | Hits: 163
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ......e as to the date of demand for reconveyance within Magh 1365 BS and coming to the findings that the demand was not made within that period and that the suit was barred by limitation. 9. The question as to the schedule 11 land has been settled by the concurrent finding of the lower appella...... 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..Category: Property Law | Date: | Hits: 60
.... 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.
......m, shifting of the School from Kuhdbandi to Alampur was unauthorised, as Alampur Junior High School has already been functioning at Alampur and there was no legal necessity for shifting the School in question at Alampur village. The writ-petitioners have not been working at Khudbandi and, as such, t...... 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..
Category: Employment/Service Law | Date: | Hits: 95
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....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 ......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 ......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..Category: Business or Commercial Law | Date: | Hits: 117
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ......he findings of the learned Judges were contrary to the order of remand for the ends of justice. 8. The leaned Counsel for the appellants Mr. Shamsul Huda submits that the order of remand in question is not under Order 41, rule 23 of the Code of Civil Procedure, the trial Court’s dec......arose out of the judgment and decree dated 16 March 1993 passed by the Subordinate Judge and Artha Rin Adalat No. 4, Dhaka in Title Suit No. 110 of 1992 decreeing the suit. 2. The relevant facts, briefly, are that, one Md. Ismail son of late Sk. Abdullah took lease of the land measuring ..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ......absolute and sending the suit back to the trial Court for disposal in accordance with law and in the light of observations made in the judgment. 2. The decision of this appeal turns upon the question whether the High Court Division, in exercise of its powers under section 115 of the Code o......section 115 of the Code of Civil Procedure, acted beyond its jurisdiction, in setting aside the concurrent findings of the first two courts below and sending back the case on remand. 3. The facts are brief. One Ali Akbar Chowdhury instituted Other Suit No. 10 of 1982 in the Third Court of..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ......h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ......h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ..Category: Property Law | Date: | Hits: 72
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ......not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ......on the score without pointing out in which way and in what manner the two courts below misappreciated the evidence. This observation was in the nature of a mere opinion without there being any hard facts or critical analysis backing the opinion. Mr. Md. Aftab Hossain then submits that the defenda..Category: Property Law | Date: | Hits: 77
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ......foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ......e of Articles 27 and 31 of the Constitution and further why they shall not be directed to accept the tender of the petitioner at a price offered in the notice demanding justice. 3. Material facts of the Case, briefly, are that in response to a notice inviting tender for selling bamboos of..Category: Constitutional Law | Date: | Hits: 149
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ...... to have been received by the appellant from the complainant as loan upon execution of a hand note became the money of the appellant as soon as it was delivered to him and as such there cannot be any question of entrustment with the said money so far as the appellant is concerned and the use of such......gistrate, Tarali, in CR Case No. 95 (1)92 convicting the appellant under section 406 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for one year. 2. Relevant facts for the purpose of the disposal of the appeal briefly be narrated as hereunder: Respondent ..Category: Criminal Law | Date: | Hits: 78
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ......the learned Munsif should not have allowed the plaintiff to set up a case of adverse possession at the last moment during the argument. The plaintiff never set up any such case in his plaint. The question of acquisition of title by adverse possession involves questions of both law and fact. ......on involves questions of both law and fact. The plaintiff having never set up such a case in the plaint, cannot succeed in this suit on the theory that acquired title by adverse possession. The facts made it absolutely clear that the case is governed by Article 142 of the Limitation Act. The..Category: Property Law | Date: | Hits: 72
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
.... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ......of 1993 (From the judgment and order dated 22nd and 29th April, 1993 passed by the High Court Division in Civil Revision No. 1366 of 1992). Judgment: ATM Afzal CJ: The main question raised for decision in this plaintiffs appeal by leave is whether a family court has powe......y that the defendant was making the same prayer for instalments which was rejected earlier. Even otherwise it is possible that more than one application may be made for allowing instalments if the facts of any particular case justify making of a second application after the first application has..Category: Family Law | Date: | Hits: 144
Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
.... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ...... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ...... its judgment and order dated 30-6-96 discharged the Rule. The accused-petitioner is now seeking leave to appeal from the impugned judgment of the High Court Division. 2. The material facts relevant for disposal of this petition are that, added respondent No. 9 Mosharraf Hossain Dar..Category: Criminal Law | Date: | Hits: 78
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ......72 long before the promulgation of President’s Order No. 88 of 1972 on 3.8.1972, respondent No. 4 filed RP case No. 67 of 1973 on 25.6.1973 against the appellant for redemption of the land in question wider the previsions of said Presidents Order No. 88 of 1972 which was allowed ex parte on......is to send the case on remand for disposal on merit. It has, however, been found that the appellant’s case on merit is such that it can be decided here and now, there being no controversy on facts and law. 15. It has been noticed above that respondent No. 4 was entitled to get back ..Category: Property Law | Date: | Hits: 88
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ......5 passed by the High Court Division, Dhaka in Writ Petition No. 21 of 1995). Judgment: ATM Afzal CJ: The moot question in this appeal by leave is whether the High Court Division is right in holding that a rec......cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ..Category: Others | Date: | Hits: 85
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ......he aforesaid Proclamation which has no application in he facts of the present case. That it is so is obvious and therefore no further discussion is necessary on the point. 12. The only question is whether provisions of section 349A of the Code of Criminal J Procedure are applicable ......Nuruddin, who then found out the blood-smeared dead body of Nuruddin on search and informed others. 4. The OC Hajiganj PS himself lodged an FIR on the same day narrating the aforesaid facts and police upon investigation submitted charge-sheet on 22-9-1982 against the respondents un..Category: Criminal Law | Date: | Hits: 120
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
.... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ......ident was the appointing authority of the respondent who was a Class I Officer and, as such, the order of removal passed by the Comptroller and Auditor General was void. 5. The only question that was initially raised in this appeal was, whether the Comptroller and Auditor General ...... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ......ved and has the right to invoice the jurisdiction under Article 102: Per Mustafa Kamal J delivering The Full Court Judgment. ……(47-48) Per A TM Afzal J (agreeing): The Court in considering the question of standing in a particular case, if the affected party is not before it, will enquire as t......e the Court’s jurisdiction to hear a person but of the competency of the person to claim a hearing, so that the question is one of discretion which the Court exercises upon due consideration of the facts and circumstance of each case.” 5. The appellant in that case was found to be a person ag..Category: Constitutional Law | Date: | Hits: 450
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