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....t Petition No.14 of 1979 in which their Lordships observed:
"the respondents to take any legal action in the matter in accordance with law."
The respondents maintained that in the facts and circumstances of the case, this Rule should be discharged.
13. The main grounds urged......a Chowdhury J
Aftabuddin Ahmed.......................................Petitioner
Vs.
Government of Bangladesh, represented by the Secretary, Ministry of Commerce, Special, Property Cell and others................................Respondents
Judgment
April 22, 1992
Result:......btaining an order of eviction in a properly constituted suit. Another proposition, which was laid down in the said case was that a citizen of a country could not be adjudged as enemy without definite evidence that the said citizen had been, as a matter of fact, residing in India.
19. It appeare..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
....on No. 273 of 1991 with Writ Petition Nos. 2341 and 2342 of 1991.
Judgment
Kazi Ebadul Haque J. - These three Rules are taken up together for disposal by this judgment as common question of facts and law are involved in those Rules.
2. Bangladesh Electrical Association, an association......ellip;……………………Petitioner
[In Writ Petition No. 2342 of 1991]
Vs.
Bangladesh represented by the Secretary, Ministry of Industries and
others…………………….Respondents [In all ...... the three petitions fail and the Rule discharged without any order as to costs. Order of status quo stands vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 221
..
Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
....asan, Upazila Shibchar, District Madaripur by post for information and necessary action as he thinks fit and proper. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 395 ...... Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J KM Hasan J Younus Chokdar....................................Petitioner Vs. Election Commission and others..................Respondents Judgment ......ws by the Appellate Division: "We have already held while rejecting CPSLA No. 21 of 1988 that such questions as to disqualification, etc. which are questions of fact are better settled upon evidence which can be done more appropriately before a Tribunal. In the summary proceeding under Art..Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2
....judgment passed in that case abated when a Civil Appeal by certificate under Article 103(2)(a) of the Constitution against the said judgment was pending before the Appellate Division.
18. In the facts and circumstances as discussed above, we hold that the Mujibnagar Employees (Conditions of Ser......
M M Sahidur Rahman..............................Petitioner
Vs.
Government of the People's Republic of Bangladesh through the Secretary, Ministry of Finance, Secretariat Building, Dhaka and others..........Respondents
Judgment
February 12, 1992.
Result:
This Rule is......
Let the operation of this judgment and order be stayed for 2(two) weeks from date as prayed for by Khondker Mahbubuddin Ahmed.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 187
..
Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
Sri Kirtish Chandra Dev Vs. Begum Sufia Akhtar and Others, 1992, 21 CLC (HCD)
.... an order dated 24.12.88 passed by the learned Subordinate Judge, First Court, Comilla in Title Suit No.183 of 1991 allowing the plaintiff's prayer for amendment of the plaint. 2. The shorts facts for disposal of the Rule are as follows ‑ The opposite party No. 1 as plaintiff institu......p; ...... be transmitted to the court below at once. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 313 ..Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1
....als and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 143.
......
Chairman, First Labour Court & others…………………………Respondents
Judgment
January 12, 1992.
Result:
The Rule stands discharged.
Lawyers Involved:
Md. Jainul Abedin, Advocate‑For the Petitioners
......nal pay scale, the benefits of which are available to a permanent employee and further that the case is not maintainable as it is barred by estoppel, waiver and acquiescence.
5. Both parties led evidence in the aforesaid IRO Case No.52 of 1980 and the learned Chairman Of the Labour Court in con..
Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6
Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)
.... Ltd. reported in 40 DLR (AD) 89 and the case of M/s. A Haque and Co. & another Vs. Al‑haj Zakir Hossain reported in 40 DLR (AD) 109 in support of his contention that the opposite party, in the facts and circumstances of the case, cannot invoke the plea of waiver. 11. In the instant case ...... 31 DLR (AD) 183; Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury & others, 33 DLR (AD) 55; Binning & Co. Bangladesh Ltd. Vs. M/s. Nasirabad Properties Ltd. 40 DLR (AD) 89; M/s. A Haque and Co. & another Vs. Al‑haj Zakir Hossain 40 DLR (AD) 109; Ramjan Ali Mistry, 31 DLR (AD) 183......ustment of Taka 8,177.73 paisa which the opposite party had incurred for making improvement and having electric connection in the suit premises. 5. The learned SCC Judge, on consideration of the evidence, dismissed the suit. Being aggrieved by the judgment and decree passed by the learned SSC J..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....d reversing the judgment and decree dated 24.7.81 and 29.7.81 respectively, passed by the Subordinate Judge, Manikganj, in Title Suit No.125 of 1981, dismissing the suit on contest. 2. The short facts leading to the Rule are: The opposite parties as plaintiff instituted a suit for specific......rt High Court Division (Civil Revisional Jurisdiction) Present: Habibur Rahman Khan J Jonab (Md.) Ali …………….................Petitioner Vs. Md Moslemuddin and another………….…Opposite Parties Judgment June 3, 1991. Result: The ...... The rule is made absolute. To establish any claim in a suit for specific performance of contract on the basis of oral agreement, the plaintiffs are to prove the contract by cogent and reliable evidence to avoid false and got up claims...........................(10) Cases Referred to- ..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)
....ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ......n: 45 DLR (HCD) (1993) 26. ......ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ..Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86
....produced before the Court of Settlement save and except the verbal submission of the learned Advocate appearing for the state.
15. Be that as it may, without entering into the disputed question of facts, it may be said that even not a scrap of paper showing that the said property was taken over a......ision
(Special Original Jurisdiction)
Present:
Md. Abdul Jalil J
Qazi Shafiuddin J
Rahela Khatun.....................Petitioner
Vs.
Chairman, Court of Settlement, Bangladesh Abandoned Buildings, Segunbagicha, Ramna, Dhaka and others.................Respondents
Judgment
......r.
14. As to the assertion of the Government that the owner Qumrul Hoque left the country and did not turn up and the property was accordingly taken over as an abandoned property, no paper nor any evidence was produced before the Court of Settlement save and except the verbal submission of the le..
Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
Dhanu Mia (Md) and another Vs. The State, 1991, 20 CLC (AD)
....le Judge of the High Court Division ought to have exercised his judicial discretion in the matter of granting bail to the appellants. The judicial discretion having not been properly exercised in the facts of the present case, we set aside the impugned order and allow the appeal. Consequently,......43 DLR (AD) (1991) 121. ......of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ..Category: Criminal Law | Date: 25 Feb, 1991 | Hits: 45
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....ion and, accordingly, the matter was fixed for hearing with the consent of Mr. Kazi Shahadat Hossain, the learned Advocate for the petitioner and it was taken up for hearing on 13.2.1991. 3. The facts of the case are that Mr. Md. Shamser Alam, Deputy Police Commissioner, (North) Dhaka lodged in......tate………………………………...Opposite Party. Judgment February 14, 1991. Result: The Rule is discharged and the stay order granted earlier is vacated. Cases Referred to- 28 DLR (AD) 38, 31 DLR ......arms were not recovered from his possession and control. The learned Attorney General further submits that the possession is a matter of fact which can only be decided by the Trial Court after taking evidence. We find substance in the said submission of the learned Attorney‑General. 12. Mr. K..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
.... and why the victim girl Sumati Begum (petitioner) should not be given in custody of her husband or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts giving rise to the present Rule are as follows: One Rafique Ullah, maternal grandfather....... Rafiqueullah, 2. The State .........................Opposite‑Parties Judgment February 13, 1991. Result: The Rule is discharged. Cases Referred to- Sukhendra Chandra Das Vs. the Secretary, Ministry of Home Affairs, 42 DLR 79; Krishna Pada Datta Vs. Ministry of......the view that she is a minor aged about 17 years born on 11.9.71. This view will not prejudice the other Party at the trial and the trial Court will be at liberty to determine the age on the basis of evidence. As the victim girl Ranjana Rani Nast prima facie appears to be aged about 17 years born on..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
....sation of the responsibilities of his position in dealing with the question in which his opinion is final In matter of injunction, the court has always to consider, in the light of the attending facts and circumstances of each case in granting or refusing an injunction, the balance of convenien......Hoque J Coal Controller..........................Appellant Vs. Ventura Industries Ltd…………………Respondent Judgment February 3, 4 and 5, 1991. Result: The Rule is also discharged. An arbitrator exercises a quasi jud...... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....e body of the said application followed by release of the petitioner on 6.7.87 before expiry of the period of detention extending by Annexure‑'D' to the petition up to 23.8.87. From the above noted facts and circumstance it is apparent that the detention of the detenu is for collateral purpose and......dul Jalil J Qazi Shafluddin J Mirza Ali Ashraf..................................Petitioner Vs. The State, represented by the Secretary, Ministry of Home Affairs, Government of Bangladesh and others ..........................Respondents. Judgment February 3, 1991. Cases Referred......aintainable and the petitioner is entitled to the declaration prayed for. 18. In the result, the Rule is made absolute without any order as to costs and the order of detention of the petitioner as evidenced by Annexure 'B' and its extension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively t..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
....the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ...... This Case is also Reported in: 46 DLR (HCD) (1994) 57. ......iffs were in possession of the disputed land since the date of settlement on the basis of Ext. I‑I(b) series i.e. to say the Hakum namas dated 10th Magh, 1353 BS and 15th Aswin 1353 BS and the oral evidence adduced by the plaintiffs. The trial Court also considered both oral and documentary eviden..Category: Property Law | Date: 30 Jan, 1991 | Hits: 2
Bangladesh Inland Water Transport Corpn & ors Vs. Nazma Flour Mills Ltd. & others, 1991, 20 CLC (AD)
....is a case for eviction and not one for determination of title between the two competing parties. Profulla Chandra was not present before the Court either as a witness or in any other capacity, in the facts of the case the question of directing him to give his specimen signature in Bengali does not a...... is also Reported in: 43 DLR (AD) (1991) 122. ......f the plaintiffs' kabalas by an expert were rejected by the trial Court on 1.11.89 by observing that there was no good reason for sending the documents for expert examination before the taking of evidence. After recording of evidence the defendants renewed their prayer for examination of the doc..Category: Procedural Law | Date: 30 Jan, 1991 | Hits: 108
Baneazuddin Ahmed and others Vs. The State, 1991, 20 CLC (AD)
....ice and procedure that is traditionally followed in the High Court Division in revision. The learned Single Judge of the High Court Division it appears did not exercise his discretion properly in the facts of the present case. In that view of the matter, we allow the appeal and direct that the appel......LR (AD) (1991) 123. ...... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ..Category: Criminal Law | Date: 15 Jan, 1991 | Hits: 42
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
....from the Respondent No. 15, Islami Bank (Bangladesh) Ltd. It is a profit earning establishment. 6. It is further alleged that the petitioner intentionally and with ulterior motive suppressed the facts as to sale and transfer of his shares and by all other sponsor‑shareholders including the pe......vil Jurisdiction) Present: Md. Mozammel Hoque J Md. Ismail Siddique.......................................................Petitioner Vs. M/s. Crescent Apparels (Private) Ltd. and others...............Respondents Judgment December 19, 1990. Result: The pra......d in addition to any other meetings a general meeting as its annual general meeting. But no Annual General Meeting of the said Company and those of Board of Directors were held which is apparent from evidence. It is further apparent that no resolution of the meeting of the Board of Director regardin..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
....red at their own residence when their case of suicide was found by the High Court Division itself as blatantly false. In Siraj Vs. Crown 9 DLR (SC) 177, Munir CJ observed: "If on the facts held proved no hypothesis consistent with the innocence of the appellant can be suggested, the......al J Latifur Rahman J The State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ......Appellant Vs. Md. Shafiqul Islam alias Rafique and another........................Respondents Judgment December 12, 1990. Result: ......and another........................Respondents Judgment December 12, 1990. Result: The appeal is allowed. The Evidence Act, 1872 (I of 1872), Section 3 Circumstantial evidence In a wife‑killing case, from its very nature, there could be no eye‑witness of th..Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104
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