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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 ......rishna Bachar. He then went to the Court on 29.7.1986 and came to learn about the exparte decree and thereafter filed the Miscellaneous Case. 4. Respondent No. 1 contested the miscellaneous case by filing a written objection denying the allegations of the petitioner and contending, inter ......ure as to non-service of summons upon the appellant. 2. Respondent No. 1 tiled Title Suit No.5 1 of 1970 in the Court of Subordinate Judge at Khulna for declaration of his title to the suit land measuring 11.64 acres. The suit was later on transferred to the Court of Subordinate Judge, Sa..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 ...... to which the appellant submitted a written reply on, April 7, 1986 pleading not guilty of the charges. The Ministry of Home Affairs, however, without considering the reply of the appellant forward case for opinion to the Public Service Commission which without examining the relevant papers gave ......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 ..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 ......nt and decree and dismissed the plaintiff’s suit. The plaintiff being aggrieved by the impugned judgment of the High Court Division is seeking leave to appeal before us. 2. The plaint case is, that Bhadrapara Adarsha Non-Government Primary School was established in 1973 at the init......sha Non-Government Primary School was established in 1973 at the initiative of one Ashraf Ali who by a registered heba deed dated 11-3-75 transferred Plot Nos. 724 and 285 measuring 0.34 acres of land of mouza Bhadrapara in favour of the school. The school was registered with the Directorate o..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 ......urt Division dated 9-12-91 in Admiralty Suit No. 9 of 1988. The suit was decreed for US $ 16,20,000.00 against the appellant with cost. 2. The substance of the plaintiff- respondent’s case in the plaint is, that the plaintiff, a limited liability company of Bangladesh, purchased the......lf, known as The “Armar” case, 1954(2) Lloyd’s Rep. 95(101), “... in cases of marine insurance it is highly desirable that our decisions be kept in harmony with those of England, “the great field of this business.” It is necessary to examine the marine ..Category: Business or Commercial Law | Date: | Hits: 151
ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)
....d and the respondents Execution Case No.5 of 1977 is dismissed as being barred under section 48 CPC. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 126, 48 DLR (AD) (1996) 141 ...... 4. The appellant’s objections were that the decree-holder was not an insane person and that his son Abdul Mannan has no legal right to represent him as his next friend and that the execution case was barred by limitation as it was not filed within 3 years of dismissal of OC Execution Case......d and the respondents Execution Case No.5 of 1977 is dismissed as being barred under section 48 CPC. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 126, 48 DLR (AD) (1996) 141 ..Category: Civil Law | Date: | Hits: 133
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 ......ng a purchaser for valuable consideration of the suit premises and the same being bona fade required by him, he is entitled to the relief prayed for. 4. Defendant after denial of the plaint case stated, inter alia, in his written statement that while he was a tenant under the heirs of Moh......uit premises and the defendant to pay rent to him. The defendent however, in spite of being aware about the purchase by the plaintiff paid no rent to the p1 and thus there arose no relationship of landlord tenant between them. The defendant is an unauthorised occupant and liable to be without an..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 ......t. 2. The suit was filed by the respondents and their father Mirza Murshal Hossain against the defendant-appellant for his ejectment and for realisation of arrear rent. The plaintiffs’ case, inter alia, is that Mirza Murshal Hossain and his wife Begum Shamsun Nahar, inducted the defe......iff, in fact, admitted the payment of money by the defendant. The trial Judge found that under section 13 of the Premises Rent Control Ordinance the tenant is entitled to get rent receipt from the landlord and in the event of the failure of the landlord to grant rent-receipts to the tenant, the ..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. ......(in a parliamentary election or bye election, by the Election Commission) declaring election schedule and culminates in the declaration of result of election by a gazette notification. In the instant case the election process started with the Notification issued by the Election Commission on 12-12-9......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 ......n the plaint and contending, inter alia, that he along with other was owners of the suit property in respect of gandas of land by virtue of a gift in their favour including- the suit property. The case of the appellants is that the re were in permissive possession of the disputed holding No 294 ...... Respondent No.1 contested the suit denying the material allegations made in the plaint and contending, inter alia, that he along with other was owners of the suit property in respect of gandas of land by virtue of a gift in their favour including- the suit property. The case of the appellants i..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 ......tion of the 1 fundamental law it cannot be enforced. 9. Leave was granted to consider whether the learned Single Judge of the High Court Division upon a total misconception of the plaintiffs case and the law governing the subject, namely, Order 7 rule 11 of the Code of Civil Procedure wron......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 ..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. ......t maintenance is concerned, keeping undisturbed all the other reliefs granted to the appellant. The High Court Division allowed maintenance to the appellant with effect from the date of filing of the case i.e. 6.1.86 till the expiry of 3 months from the date of decree of the trial Court (31.5.86) an......as plaintiff on the allegations, inter alia, that the appellant and the respondent were married on 3.8.72, the dower being fixed at Taka 500.00 On the same date the respondent transferred 11 acres of land to the appellant by a saf kabala. The couple lived together happily as man and wife and when th..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. ......espondent Iqbal Hossain in the commission of offences under sections 406 and 420 of the Penal Code and further committed offences under section 5(2) of Act II of 1947. 5. Briefly, the prosecution case is, that in 1987 the Dhaka University wanted to purchase 4 (four) 75 HP Submersible pumps for w......tention, he, firstly, referred to the tender document (Ext. 25) in which details of items for supply of 4 Nos. 75 HP submersible pumps were given, inter alia, the requirement was, ‘Made by Sumo (England) or Equivalent’. Iqbal Hossain himself, in his letter dated 20-7-87 (bearing same Ext No.25) ..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 ......d this order of compulsory retirement as illegal and not tenable in law before the Administrative Tribunal, Dhaka in Administrative Tribunal Case No. 148 of 1989. The said Administrative Tribunal case was dismissed on 14-2-92. Against that order he preferred an appeal, being Administrative Appe......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 ..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 ......as appointed and on the basis of his report he was compulsorily retired from service on 20 that he preferred a departmental appeal on 11-8-85 but the same was dismissed and thereafter he filed the case before the Administrative Tribunal. 3. The case was contested by the appellant by filin......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 ..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. ......gage by conditional sale. It also held that the suit, having been instituted on 3-7-78, was not barred by limitation under Article 148 of the First Schedule to the Limitation Act. This was also not a case of partial redemption. The suit was also not bad for defect of parties. The High Court Division......r Appeal No.204 of 1982. The suit for redemption of mortgage, Other Suit No. 67 of 1978, was dismissed by the 5th Court of Munsif, Sadar, Chittagong on 30-6-82. 2. Begumjan, the owner of the suit land, mortgaged the same to defendant Nos. 1-3 (respondent Nos. 1-3 herein) by a mortgage deed dated..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 ......ed as to what factors had prevented the appellant to enter into a fresh agreement with the new landlord, namely, the It was argued on behalf of the plaintiff-respondent that the appellant was, in any case liable for eviction inasmuch as neither it paid the rent nor deposited the same even at the old......ber and December 1985 from the appellant subject to fresh lease agreement but it was not properly explained as to what factors had prevented the appellant to enter into a fresh agreement with the new landlord, namely, the It was argued on behalf of the plaintiff-respondent that the appellant was, in..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 ......iswas filed an application for pre-emption of the land of the Kabala dated February 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 ven......on for pre-emption under section 96 of the State Acquisition and Tenancy Act, 1950. 2. The predecessor of the petitioners late Abdus Samad Biswas filed an application for pre-emption of the land of the Kabala dated February 1, 1980 executed by Md. Ibrahim in favour of Munshi Abdus Satter ..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 ......on. 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 XX of the Cr. ......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 ..Category: Criminal Law | Date: | Hits: 71
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
.... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ......lants and by Mr. M.Nurullah, learned Counsel for the respondents. Mr. Rafique-ul-Huq, learned Counsel, appeared as Amicus Curiae and made elaborate submissions on this point. 4. Facts of the case have receded into the background because of the preponderance of the question of law involved ...... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ..Category: Business or Commercial Law | Date: | Hits: 118
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ......nment colleges had been discriminated against in the matter of their status and financial benefit by making distinction between them and the teachers of nationalised schools, because in the latter case the rule for absorption is that they would be given same or analogous post whereas in the case......ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ..Category: Constitutional Law | Date: | Hits: 174
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