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Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ......nd as a result thereof the appellant could not honourably live with the respondent and she had to shift herself with her children in a separate rented house. She demanded maintenance from the respondent for herself and for her children but the respondent neglected and refused...... as rent from that building with which she with 4 children could well maintain themselves. 4. The learned Magistrate found upon the evidence aduced in the case that Hamida Begum had her own independent income and that it was possible for her to construct the house with her independent in......e wife to maintain her, keeping in view the intention of the legislature in providing speedy remedy against starvation for the destitute wife though a summary procedure, we think the wife having a source of income to maintain herself cannot be regarded as one entitled to any relief by ..Category: Family Law | Date: | Hits: 146
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ......he parties to the suit earlier agreed to arbitration and a party thereto applies for staying the proceedings. On the other hand, the section precludes a party to an arbitration agreement from asking for stay of the proceedings if the prayer is not made -'before filing a written stateme...... the prayer. The learned Additional Additional-General who appeared for the respondent, now Government of Bangladesh, contended that the very fact that the second defendant filed an independent petition and instead of praying for stay thereof pending a decision on the first defend......er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 110
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ......go to London in March, 1972, but he failed to obtain any travel document. He arranged a Pakistani passport for going to Saudi Arabia for performing Hajj in December, 1972. During Hajj he came to know from fellow-pilgrims from Bangladesh that a political mispropaganda was running high in Bangladesh a......ities. He lobbied actively to dissuade the Muslim countries from giving recognition to Bangladesh. In 1972 he organised a campaign throughout Pakistan so that Bangladesh might not be recognised as an independent State. In the same year he attended an Islamic Youth Conference in Riyadh where he made ......2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......directed to pay a cost of Tk. 3,000.00 within 30 days and the application was allowed and the writ petition was restored to its file and number. The writ petitioner‑appellants obtained leave from this judgment and order of the High Court Division. 5. Mr. Awlad Ali, learned Advocate ......ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......e of Hussain Bakhsh Vs. Settlement Commissioner & ano, 21 DLR (SQ 456 that- "a proceeding taken for the enforcement of a civil right is a civil proceeding, whatever may be the source of die Court's jurisdiction invoked for enforcement of such a right ......…&hellip..Category: Procedural Law | Date: | Hits: 102
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ......kr, Attorney‑General, with A W Bhuiyan, Assistant Attorney- General, instructed by B. Hossain, Advocate-on-Record - For the Appellant (in CP No. 70 of 1979). CP Nos. 70 and 71 of 1979 from WP 701 of 1977. Judgment: ......s relied on the following passage- "In this country too, the functions of Government are divided into three distinct branches‑ legislature, executive and judicial-each independent of the other whilst acting within its own sphere. For the harmonious working of such a......t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ..Category: Constitutional Law | Date: | Hits: 157
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ......Order dated 26.4.93 passed by the High Court Division in Writ Petition No. 3901 of 1992). Judgment Mustafa Kamal J.- This appeal by leave by respondent No.4 in Writ Petition No.3901 of 1992 is from the judgment and order of the High Court Division dated 26.4.93 making the Rule absolute. 2.......e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ......ongs to the Ministry of Defence and the Department of Civil Aviation was only an allottee of the same since 1947. The tuition fees of the students and occasional donation from the Government were the source of income of the school originally, Since 1963 Civil Aviation Welfare Association extended ma..Category: Property Law | Date: | Hits: 86
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ......ts of this case are very simple. A first information report was lodged against the accused- appellants and others alleging that they had, by threat and physical assault, snatched away Taka 5000.00 from the Informant whereupon Haluaghat Police Station Case No. 2(5)93 was registered under sections......ideration before, and was decided, by this Court (Appellate Division) holding that the power of the High Court Division under section 561A is its inherent power and that this power may be exercised independent of any other powers of the High Court Division and that though the High Court Division ......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ..Category: Criminal Law | Date: | Hits: 98
Kalu Mondal Vs. Begum Fazilatun Nessa, 1994, 23 CLC (AD)
....d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ......ate, instructed by BC Panday, Advocate-on-Record, (absent) - For the Appellant. Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Appeal Nos. 171 of 1979 and 76 of 1980 from Civil Rule 1170 of 1973 and 1219 of 1974. Judgment: &n......d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ......d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ..Category: Property Law | Date: | Hits: 79
Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)
....no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ...... Miah Abdul Gafur, Advocate-on-Record - For the Appellants. Md. Aftab Hossain, Advocate-on-Record - For the Respondents 3‑20. Civil Appeal No. 78 of 1980 from Civil Rule 886 (F) of 1977. Judgment: &nbs......no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ......no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ..Category: Property Law | Date: | Hits: 61
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ......, Dhaka, being Miscellaneous Case No. 140 of 1977 for sale of the schedule properties for realisation of the petitioner's dues, fallen due owing to default in payment of two foreign exchange loans from erstwhile PICIC, amounting to Taka 29,72, 910.29 equivalent to US $ 1,90,609.05 only as on 1.7......ntative and that a further amount in Bangladesh currency would be due if the rate of conversion on the date of payment was ordered. When the petitioner is unmindful of Article 28, a court of law no independent duty to enforce Article 28, like section 3 person of the Limitation Act. If an applican......find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ..Category: Banking Law | Date: | Hits: 125
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
....d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ...... come before us with an application for leave to appeal. 2. We have heard Mr. Md. Mohsin Rashid, learned Advocate for the petitioner. In his lengthy submissions he has tried to show us that from the findings of the High Court Division the allegation of "malafide" in the Governme......after retirement remains a Judge and when a provision has been made in Article 99 of the Constitution for appointment of a retired Judge only in "Judicial or quasi-Judicial office" where independent and impartial dispensation of justice is contemplated his appointment in the service of......d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......These 10 appeals have been filed by he Government of Bangladesh and others under a certificate granted by the High Court Division under Article 102(2)(a) of the Constitution of Bangladesh. They arise from six Writ Petitions namely, Writ Petition Nos. 4, 111, 134,847, 1426 and 2181 of 1991, which wer...... has been uniformly distributed to all the officers those who had been regularised earlier through the PSC and those who were regularised under the Ad hoc Appointment Regularisation Rules, 1983. Even independent of the Regularisation Rules, the ad hoc service was counted in all cases for computing t......itrary and discriminatory. Reason for such classification as given by the State was that the awarding of full compensation according to the market value of die estates would not be permitted by the resources at the disposal of the State., but the expropriated rent‑receivers should be given some co..Category: Employment/Service Law | Date: | Hits: 97
Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)
....re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ......Record -For the Respondent Nos. 7‑4. B. Hossain, Assistant Attorney-General, instructed by Zinnur Ahmed, Advocate-on-Record -For the Respondent No. 5. Criminal Appeal 5 of 1981 from Criminal Appeal 48 of 1978. Judgment: ......each, in default, rigorous imprisonment for one year more. The learned Sessions Judge found Amatunnessa not guilty as she was under the control and influence of the other accused persons and had no independent will of her own in the matter. 4. In the appeal before the High Court Division ......re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ..Category: Criminal Law | Date: | Hits: 61
Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 1994, 23 CLC (AD)
....ther ground or point has been urged by Mr. Hakim. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 9 ......haka in Writ Petition No. 1677 of 1988.) Judgment: Mustafa Kamal J.- This leave petition by the writ petitioner is from the judgment and order of the High Court Division discharging the Rule Nisi, in Writ Petition ......ther ground or point has been urged by Mr. Hakim. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 9 ......ther ground or point has been urged by Mr. Hakim. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 9 ..Category: Property Law | Date: | Hits: 77
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......se No. 350 of 1989) challenging his termination alleging, among other things, that the termination was not a termination simpliciter, but it was a punishment in disguise, such as removal/dismissal from service, without giving him an opportunity to defend himself. The Tribunal after hearing the p......unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......20 acres contiguous to the above office building of JSD belonging to the Public Works Department, the respondent No. 4, had been reserved for constructing a public Car Parking Centre as is evident from the Master Plan of the respondent No. 2; Implementation committee for Removal of Traffic and T......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......or our children to handle tomorrow". We are on a larger issue of community interest which concerns the preservation of environment against pollution hazards posed by deleterious sources of nuisance. The broad question of containment of pollution cannot be oversimplified and ..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......bdul Wadud Sikder and others...................Respondents Judgment March 16, 2006. Adverse Possession No positive evidence has been led by the plaintiff to establish from what point of time he started to possess the land in suit asserting his title upon denying the...... the evidence of PW 5 who is an attesting witness to the bainapatra. It may be mentioned PW 5 is the close relation of the recipient of the bainapatra and his evidence being not corroborated by any independent witness trial Court discarded the evidence of PW 5. The appellate Court while arriving ......is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 59
Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)
....nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ...... 1951), Section 96 The Limitation Act, 1908 (IX of 1908), Section 14 With the presentation of the plaint in the proper Court the time consumed before the incompetent Court is excluded from the period of limitation under section 14 of the Limitation Act. Negligent conduct is a questi......nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 68
Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)
....tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ......, 1908 (IX of 1908), Section 120 Since possession of the plaintiff has been proved by oral evidence and otherwise, the suit is not barred by limitation for bringing the suit beyond six years from the publication of the S. A. record...(8) Lawyers Involved: Rafiqur Rahman, S......tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ......tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 43
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ...... writ petitioner in the salish or that they admitted profit of Taka 36,30,000 or any profit in the salish, and it was stated that no salish was ever held. It was also stated by the petitioners that from time to time the company has increased the share capital of the company in order to repay the ......ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ......ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 86
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