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Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ......rer or a contiguous owner under section 96(9)(a) of the Act, the right, title and interest in the holding or the portion or share thereof accruing to the transferee shall be deemed to have vested, free from all encumbrances which may have been created after the date of transfer, in the co-sharer...... (From the Judgment and Order dated 26-2-1968, passed by the Dacca High Court in F.M.A. No. 59 of 1967). Judgment: Ahsanuddin Chowdhury J.—This appeal by special leave is from a judgment passed by a Division Bench of the Dacca High Court affirming an order of the S......g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ..Category: Property Law | Date: | Hits: 77
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ......s: the Court may place an attachment on such deposits, subject to the lien of the company, but cannot proceed to order the sale thereof until the deposit is at the disposal of the judgment-debtor free from the lien of the company, and if the deposit carries interest, and the interest is not,......d to transfer the attached amount to Court on 8. 7. 64 and 16. 7. 64. He sent a letter in reply declining to transfer the amount on the ground that Government dues amounting to Rs. 45,240/-was due from the contractor, Belayet Ali on account of penalty, etc., for non-fulfillment of contract and t......l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 103
Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)
....that the High Court Division rightly held that the accused, namely, the appellants had not been prejudiced in any manner. In the result, the appeal is dismissed. Ed. ......nbsp; them and they were asked if they had anything to say. Their reply was simply that they were innocent. If they had anything more to say to exonerate them from the charge against them they were free to make any statement they would like to make but they did not put forward any plea except sa....... 1,000/- each in default to rigorous imprisonment for one year more. On Appeal against their conviction and sentence the High Court Division maintained the conviction but reduced the sentence from 8 years rigorous imprisonment to 4, years rigorous imprisonment each and the sentence of......that the High Court Division rightly held that the accused, namely, the appellants had not been prejudiced in any manner. In the result, the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 64
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ......re 'interest in the property' it would of course be confined to an interest in the property antecedent to the sale. But that is not the expression, and to my mind the actual expression in the rule is free from ambiguity or difficulty of any kind and ought to be construed as meaning what it says". ......f possession of the auction purchased property was taken by Respondent No. 1 in due course on the 18th September, 1960. 3. On the 8th September, 1964 i.e., after more than 4 years from the sale the petitioners who are four in number, claiming themselves to be share-holders of the......er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ..Category: Property Law | Date: | Hits: 118
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
....uestion any further. For the reasons, we find no merit in these appeals and they are dismissed, but having regard to the facts and circumstances of the matter, we make no order as to costs. Ed. ......tes from a complete number of fermenting vessels may be collected in a receiver at a strength of about 42 per cent proof. After the distillation is over the licenced shall be permitted to take a duty-free sample not exceeding 22 ounces from a receiver for analysis and declaration of spirit strength ......f regulating the manufacture of Ayurvedic preparations- Mritasanjibani Sura, Mrita-sanjibani Sudha, etc. to a certain fixed percentage of spirit strength. The amended rule reduced the spirit strength from 42% to 25%. It appears that these Ayurvedic preparations use a process of fermentation and dist......uestion any further. For the reasons, we find no merit in these appeals and they are dismissed, but having regard to the facts and circumstances of the matter, we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 137
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....he matter in the manner indicated above. The appeal No. 26 of 1976 subject to the observation made above is dismissed. We however make no order as to costs in all the appeals. Ed. ......overnment to acquire the requisitioned property. On and from the beginning of the day on which the notice is published, the requisitioned property shall vest absolutely in the Government free from all encumbrances, and the period of requisition of such property shall end. Section 5B pr......and. These acquired lands stand at Tejkunipara, Tejgaon, Dacca. The lands were requisitioned on 16. 3. 59, and they were acquired under section 93A of the Act on 27. 6. 60. However it is not clear from the records whether the given date of acquisition was of the notice under section 93A (4)......he matter in the manner indicated above. The appeal No. 26 of 1976 subject to the observation made above is dismissed. We however make no order as to costs in all the appeals. Ed. ..Category: Property Law | Date: | Hits: 70
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ......fails to establish the said charge the case as a whole will ail. The learned Judges were of the view that the Legislature could not have intended that the accused in such a case should go scot free, even though, the fact of abduction with intent that the abducted person may be murdered......-General, with Abdul Wadud Bhuiyan, Assistant Attorney-General instructed by B. Hossain, Advocate-on-Record—For the Respondents. Criminal Appeal No. 4 of 1975. (On appeal from the Judgment and order dated 19th June, 1975 passed by the High Court Division in Crimina...... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ..Category: Criminal Law | Date: | Hits: 61
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ......lam reported in 41 DLR (AD) 68 this Division has observed- “Reading the entire law and the rules we have come to this conclusion that the real and larger issue is completion of free and fair election with rigorous promptitude. Hence, election being a long, elaborate and comp...... The Union Parishad (Election) Rules, 1983, Rules 39(4) Where the contesting candidates or their agents are not present the presiding officer is not debarred from counting of votes and prepare statement in form “K” and such preparation of the st......ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ..Category: Election Law | Date: | Hits: 124
Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)
....habitants of the area and the corporation is under legal obligations to evict such unauthorised occupants from the park and other facilities meant for public convenience and for maintaining the environment free from pollution and degradation.” 9. We have seen that the preambl...... the area and the corporation is under legal obligations to evict such unauthorised occupants from the park and other facilities meant for public convenience and for maintaining the environment free from pollution and degradation.” 9. We have seen that the preamble of the Tow...... Judgment M Reza Chowdhury J.- This appeal by leave has arisen from the judgment and order dated 9-6-1999 passed by a Division Bench of the High Court Division ma......and the corporation is under legal obligations to evict such unauthorised occupants from the park and other facilities meant for public convenience and for maintaining the environment free from pollution and degradation.” 9. We have seen that the preamble of the Town Improvem..Category: Property Law | Date: | Hits: 56
Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
.... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ......he caveator respondent has now no difficulty in entering a caveat in the proceeding claiming through the testator. Mr. Pal has frankly submitted that in the changed Situation the respondent is free to file the necessary caveat in accordance with law to be dealt with by the District Delegate......2 of 1991). Judgment: ATM Afzal J: This appeal by leave by the two applicants for probate is from judgment and order dated 3.11.1993 passed by the High Court Division allowing first appeal No...... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ..Category: Property Law | Date: | Hits: 67
Special Reference No. 1 of 1995, 24 CLC (AD)
.... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ......r convenience of discussion we have put capital letters A B etc. against each paragraph which does not bear any number. A. Whereas after a long and relentless struggle for about nine years by the freedom loving people of Bangladesh spearheaded by the main political parties for restoration of dem......bsence of some members of the Parliament consequent upon their walking out of the House first and then resorting to boycott of the Parliament. 2. Being first of its kind, it is necessary to begin from the beginning. Article 106 reads thus: 106. If at any time it appears to the President that...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ..Category: Constitutional Law | Date: | Hits: 248
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ...... suit is pending and during the pendency of the title suit he obtained an order in his favour on those very matters which are the subject matter for trial in the title suit. His conduct too is not free from censure because it was at his instance that the impugned order dated 8.11.93 was passed. ...... Civil Appeal No. 1 of 1994. Judgment: Mustafa Kamal J: This appeal by leave is from the judgment and order dated November 22, 1993 passed by a Division Bench of the High Court Di...... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ..Category: Property Law | Date: | Hits: 62
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......not agree upon the facts presented to us that acquisition is a fait accompli in this case. Under section 11 of the Ordinance, the property shall stand acquired and vested absolutely in the Government free from all encumbrances when the compensation mentioned in the award under section 7 has been pai......land of the appellant's approved lay‑out plan in the land going to be acquired under the two LA proceedings is hit by the doctrine of "promissory estoppel" and or, whether such inclusion originated from any mala fide act on the part of the, DIT, now RAJUK. 3. The appellant's Housing Project, M......arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ..Category: Property Law | Date: | Hits: 79
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
....found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ......e appellant was a member of Parliament in 1987‑88, elected from Chandanaish‑Satkania Constituency of Chittagong district. The Ministry of Relief allotted seven hundred CI sheets for distribution, free of charge, to individual families and educational institutions affected by the devastating floo......on of mala fide intention could not be determined which can be done only on evidence during the trial. 2. Facts of the case are, that the appellant was a member of Parliament in 1987‑88, elected from Chandanaish‑Satkania Constituency of Chittagong district. The Ministry of Relief allotted sev......found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ..Category: Criminal Law | Date: | Hits: 76
AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)
....ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ......on judice or malice in law was raised in the writ petition. The decision of the High Court Division with regard to the issue in question however shall be ignored and the Election Tribunal shall be free to decide the issue on its own if such occasion arises. The petition is dismissed, not on th......996 challenging the said acceptant by judgment and order dated 19-5-96 a Division Bench of the High Court Division summarily rejected the writ petition. 2. The petitioner now seeks leave to appeal from the said judgment and order of the High Court Division. 3. It was the petitioner’s case th......ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ..Category: Election Law | Date: | Hits: 133
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ......f argument on behalf of the writ-petitioners was that the restriction imposed upon publication and sale of the ‘note-books’ in question by the impugned Act was violative of the right to freedom of speech and expression and also freedom of the press as provided under Article 39(2) of t......at were, however, barred by 16 days each. 3. The Government was also made a respondent in the writ petitions which contested the same by filing separate affidavits-in-opposition. It appears from the impugned judgment that because of the importance of the matters, the learned Attorney- Gen......sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ..Category: Intellectual Property Law | Date: | Hits: 279
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ......eral submitted that since the Deputy Commissioner and Superintendent of Police were already transferred from Dinajpur there was no reason to apprehend that ASP would not be above to hold an influence-free enquiry. It is difficult to accept the submission of the learned Additional Attorney- General, ......nd order dated 14 November, 1995 passed by the High Court Division, Dhaka in Criminal Revision No. 1335 of 1995). Judgment ATM Afzal CJ.- This appeal by leave by the complainant petitioner is from an order dated 14 November, 1995 passed by a Division Bench of the High Court Division summaril......ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ..Category: Anti-Corruption Laws | Date: | Hits: 92
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. ......ket and supplied the same to the University authority. Further case Of this respondent was, that the matter was to be guided by the terms of the tender and contract, that the University authority was free to return the pumps if they were found not according to specification and the respondent was ag......ed by the High Court Division in Criminal Appeal. Nos. 981, 998 and 1007 of 1990 and Criminal Appeal No.1013 of 1990.) Judgment ATM Afzal J.- These four appeals by the State following leave are from orders of acquittal passed by a Single Judge of the High Court Division, Dhaka in the impugned ......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. ..Category: Anti-Corruption Laws | Date: | Hits: 92
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 ...... the tenancy agreement the landlord was bound to provide the tenant with electricity for various purposes, namely, lights, fans, cooking stoves, refrigerators, irons, etc., the services of a lift and free services of sweepers, plumbers, carpenters, darwans, etc. 18. The contention was not accepte......learned Subordinate Judge, 4th Court, Dhaka by his judgment and decree dated 27 June 1991 dismissed the appeal and confirmed the decree passed by the u Court. 6. The appellant then took a revision from the appellate judgment and decree to the High Court Division, Civil Revision No. 7404 of 1991, ......, 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 ..Category: Tenancy Law | Date: | Hits: 82
Mohammad Brothers Vs. Collector of Customs and another, 1996, 25 CLC (AD)
....missions made by him before the appellate body which will not be inhibited by any observation or finding on the merit of the petitioner’s case. The petition is dismissed. Ed. ......rd of Revenue which will no doubt consider that the time spent by the petitioner in pursuing the writ petition may be a good cause for entertaining the appeal beyond time and the petitioner will be free to agitate all the submissions made by him before the appellate body which will not be inhibit......Division In Writ Petition No. 1607 of 1995) Judgment: Mustafa Kamal J: The writ petitioner has preferred this petition for leave to appeal from the judgment and order dated 1.8.95 passed by the High Court Division in Writ Petition No.160......missions made by him before the appellate body which will not be inhibited by any observation or finding on the merit of the petitioner’s case. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 111
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