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Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
.... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ......t it might be inequitable to compel the subsequent transferee to enter into terms and covenants in the vendor’s agreement with the plaintiff to which he would never have agreed had he been a free agent; and if the original contract is varied by altering or omitting such terms the court wil...... suit to the plaintiff for a consideration of Taka 9000.00 and executed a bainapatra on receipt of Taka 7700.00 as earnest money. It was stipulated that the kabala would be executed within one year from the date of the agreement. Hemendra Narayan died some time after the execution of the bainapa...... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ..Category: Property Law | Date: | Hits: 73
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 ......in Cardozo’s famous words in The Nature of the Judicial Process, Yale University Press, 1921, are apt in this connection which runs as follows: “The judge, even when he is free, is still not wholly free he is not to innovate at pleasure. He is not a knight-errant roamin......mail was going to Mirpur with the members of his family for taking shelter they were all killed leaving Ayesha Bibi as his sole heiress. In the year 1973 Ayesha Bibi obtained succession certificate from the Third Court of Subordinate Judge, Dhaka in respect of the properties left by Md. Ismail i......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 ..Category: Property Law | Date: | Hits: 82
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 ......nt and order dated January 5, 1997 passed by the High Court Division, Dhaka in Writ Petitions No. 182 of 1997) Judgment: ATM Afzal CJ: This petition is from an order dated 5 January, 1997 passed by a Division Bench of the High Court Division refusing ......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 ..Category: Constitutional Law | Date: | Hits: 149
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 ......on of charge-sheet against him in a case. Further, it is primarily for the Government to decide which case will be investigated by the CID. This is purely an executive action and the Government is free to take any decision for securing proper investigation and for the ends of justice in a case.......man J: The accused-petitions challenged an order dated 18-10-95 as contained in Annexure-1 passed by the Government withdrawing the investigation of Madaripur Police Station Case No.7 dated 7-3-95 from the Criminal Investigation Department (CID) before the High Court Division Writ Petition No.&n...... 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 ..Category: Criminal Law | Date: | Hits: 78
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
.... locus standi to maintain the writ petition. The Constitution of Bangladesh, 1972, Article 8 Absolute trust and faith in the Almighty Allah necessarily mean the duty to protect His creation and environment. The appellant is aggrieved, because Allah’s creations and environment are in mortal d......use Allah’s creations and environment are in mortal danger of extinction and degradation: Per Mustafa Kamal J delivering The Full Court Judgment. ... (25) Article 36 The Fundamental Rights of freedom of movement attached to a citizen pervade and extend to every inch of the territory of Bangl......ion : Per Mustafa Kamal J delivering The Full court Judgment. ……………… (40) Per Latifur Rahman J (agreeing): An expression appearing in the Constitution must get its light and sustenance from the different provisions of the Constitution and from the scheme and objective of the Constitut......ng): Articles 31 and 32 of our Constitution protect right to life as a fundamental right. It encompasses within its ambit, the protection and preservation of environment, ecological balance free from pollution of air and water, sanitation without which life can hardly be enjoyed. Any act or omission..Category: Constitutional Law | Date: | Hits: 450
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
.... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ......rliamentary Affairs with the then State Minister of Finance in the Chair decided on a procedure to ensure that the windfall gains thus accrued be transferred to Bangladesh Petroleum Corporation Tax free and it was decided that Bangladesh Petroleum Corporation would enter into an agreement with al......ntention a written explanation was submitted by the appellant which, inter alia, reads as follows: 4. Subsequently an inter-Ministerial meeting held on 17-11-1979 with representatives from Ministry of Finance, Ministry of Petroleum and Mineral Resources and Ministry of Law & Pa...... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ......trate Dhaka. After promulgation of Martial Law in 1975 the respondent was detained under the Special Powers, Act, 1974 in the Dhaka Central Jail. Upon a writ petition filed on his behalf he was set free from detention by the High Court Division. He was also exonerated from various criminal cases......ddin Ahmed……...Respondents. Judgment February 2, 1998. The Constitution of Bangladesh, 1972, Article 102 (i) Whether an order of dismissal from service under MLO No. 9 was effective or not for non-communication of the same on the affected......against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ......f the Railway. Section 16 of the Act provides that when the Collector has made an award under section 11 he may take possession of the land which shall there upon vest absolutely in the Government free from all encumbrances. The suit land having thus vested in the Government it was the Governmen......udgment ATM Afzal CJ.- This appeal, following leave, by the Bangladesh Railway-defendant No.2, is from judgment and decree dated 16 February, 1993 by a Division Bench of the High Court Division in ......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ..Category: Administrative Law | Date: | Hits: 130
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
.... High Court Division was far from justified in upholding the order of amendment. The appeal is, accordingly, allowed with cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 148. ......n holding that the amendment as prayed for by the plaintiffs does not change the nature and character of the suit, that the defendants did not stand to suffer any prejudice thereby and that they were free to disprove the allegation of facts made by way of amendment of the plaint. The learned Assista......d filing a compromise petition in the appellate court to that effect. Amendment of the plaint disputing defendant appellants kabalas was wrongly allowed by the trial court after receipt of the record from the appellate court to pass a decree in terms of the compromise petition and the High Court Div...... High Court Division was far from justified in upholding the order of amendment. The appeal is, accordingly, allowed with cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 148. ..Category: Procedural Law | Date: | Hits: 149
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ......ication of the final publication of the Compensation Assessment Roll. The scheme of the Act, therefore, is that whatever is not retainable vests in the Government by operation of law and that too free from all encumbrances. We are, therefore, of the view that the High Court was not right in ......ts. Civil Petition for Leave to Appeal No. 382 of 1996. Judgment Bimalendu Bikash Roy Choudhury J.- This petition for leave to appeal is from the judgment and order dated 5 August 1990 passed by a Division Bench of the High Court Divis......ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ..Category: Property Law | Date: | Hits: 90
Frank Shipping Limited Vs. Government of the People’s Republic of Bangladesh, 1997, 26 CLC (AD)
....subjugated to the private interest of the writ petitioner. No such case has been made out anywhere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 140. ...... that its own private interest is so overwhelming that public interest should be subordinated thereto by issuing an interim order in its favour. The operation relating to discharge of bulk wheat from free outturn vessels berthed in Chittagong Silo Jetty under vacuvators is a matter relating to publi...... case that its own private interest is so overwhelming that public interest should be subordinated thereto by issuing an interim order in its favour. The operation relating to discharge of bulk wheat from free outturn vessels berthed in Chittagong Silo Jetty under vacuvators is a matter relating to ......subjugated to the private interest of the writ petitioner. No such case has been made out anywhere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 140. ..Category: Others | Date: | Hits: 113
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......e informant party, after obtaining symbolical possession through Court, went to the disputed land to protest criminal trespass and mischief to the crops by the informant party and in the process a free fight took place between the parties and both sides received injuries. The defence raised the ...... that deceased Kadem Ali was found in malkocha fashion obviously means that he was in a fighting mood and not in a defensive position and therefore there were reasonable apprehension of an assault from him. Thirdly, he submits that the fact that accused Maiz All did not receive injuries of a gri......o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ..Category: Criminal Law | Date: | Hits: 96
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ......ment December 11, 1997. The Insurance Act (IV of 1938), Section 47B The Code of Civil Procedure, 1908 (V of 1908), Section 34 The failure of power supply in the freezing plant is in fact failure of public power supply as per endorsement number 903 of DOS Polic......7. Judgment Latifur Rahman J.- This appeal by the plaintiff-appellant by leave is from the judgment and decree of a Division Bench of the High Court Division passed in First Appeal ......e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ..Category: Business or Commercial Law | Date: | Hits: 148
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....is a Christian lady. The welfare of the children could be jeopardized if the petitioner was allowed to take them to the United Kingdom in an alien and un-Islamic culture because welfare also includes environment, namely, social, cultural and religious in which the children are likely to grow up. ......ven opportunities and facilities, by law and by other means, to enable him to develop physically, mentally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity. In the enactment of laws for this purpose, the best interest of the child sha......r for the custody of those children. 3. Facts as disclosed by the mother in her writ petitions, briefly, are that, she is a British citizen having been born in England on 24-4-1968. Her father is from Bangladesh having been a member of the Dagon Bhuiyan Union Parishad and her mother being a resi......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. ..Category: Family Law | Date: | Hits: 250
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. ......y limitation as the plaintiff herself proved her date of knowledge as on 19-2-77 and as the Suit was filed on 7-3-77; that the plaintiff being a pardahanshin village woman did not get independent and free advice before executing the kabala and found that the impugned kabala is collusive, fraudulent,......ismissed. The Limitation Act, 1908 (IX of 1908), Section 18 The Evidence Act, 1872 (1 of 1872), Onus of Proof Fraud having been perpetuated on the mother, the question of limitation will run from the date of knowledge of the impugned deed of sale and consequently the suit cannot be barred b...... 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. ..Category: Procedural Law | Date: | Hits: 154
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......he landlords Ram Krishna Chowdhury and others and the tenancy in (Nal land) Ext. 2 has been taken lease by Baisnab from Khas Mahal, Patiya at a rental of Rs. 114/- and the Empress of India the rent free tenancy in schedule recorded in Ext. 2(a) (Bhiti land) in raiyati right was taken lease of ...... a kabala Ext. 1 dated 7.12.1926. Since then the plaintiffs were in exclusive possession of the suit land. The plaintiffs also purchased some land situated to the western side of Scheduled 1 property from the principal defendants and predecessors of other defendants by a registered kabala on 20.11......he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ..Category: Procedural Law | Date: | Hits: 112
Anil Ranjan Deb Vs. Yoshodalal Amritalal Shaha Banik & ors, 2006, 35 CLC (AD)
....agreement with the findings and decisions arrived at by the High Court Division and in such view of the matter the petition merits no consideration. Accordingly, it is dismissed. Ed. ......e, Chittagong in Miscellaneous Appeal No. 86 of 1985 holding that the said premises is a purchased property by Amritalal Shah Banik in his individual capacity and as such the instant suit is not free from complicated question of title as such the very suit filed by the respondent is not maintai......t No. 1 of 1989 decreeing the same. 2. The landlord, respondent No. 1 as plaintiff instituted the above S. C. C. Suit against the petitioner and proforma-respondent Nos. 2-5 for eviction from the suit premises upon realization of arrear rents and also for payment of compensation on......agreement with the findings and decisions arrived at by the High Court Division and in such view of the matter the petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
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