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Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ......state of things existing at the date of the suit or just prior to that date, in order to forestall a possible order of the court, the Court may, in an appropriate, case, in exercise of its inherent power, require the offending party, by issuing a temporary injunction in mandatory form, to restore...... J Babul Kanti Das and others....................Appellants Vs. Abul Hashem and others...............Respondents Judgment July 13th, 1994. Cases Referred to- Abdul Jalil Munshi vs. Abu Bakar Siddique, 35 DLR (AD) 42 at para 12; Daniel vs. Ferguso...... Advocate Commissioner in his report dated 22.10.90 stated that only some pillars were partly constructed at that stage upto a few feet. The judicial anger and wrath of the trial Court on such a flagrant and contumacious violation of the Court's order runs through its elaborate judgment and it f..Category: Civil Law | Date: | Hits: 106
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ...... could not claim protection under Article 311 of the Indian Constitution. After referring to the decision it was held in Union of India vs. KS Subramanian AIR 1976 (SC) 2433, 2438 that whereas the power contained in Article 3 10 governs alt Government servants, including those in the services co......h Army Medical Corps .............Appellant Vs. Government of Bangladesh and other .......................Respondents Judgment August 18th, 1994. Cases Referred to- Federation of Pakistan vs. Lt. Col. Z.A. Mazari 1958 PLD 472. Virendra Kumar vs. Union o......lected by the incumbent came up for consideration, nor the pleasure theory of the President was agitated as it has been invoked in this case. 4. The appellant contends that the provision to grant commission and to hold office during the pleasure of the President contained in Articles 17 a..Category: Constitutional Law | Date: | Hits: 203
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ......issions, first, that the learned Additional Sessions Judge having in effect ordered a further enquiry under section 436 Cr.P.C. in Criminal Case No. 182(c) of 1987 there was no warrant for exercising powers under section 561A Cr.P.C. for quashing thereof in the absence of a finding that even assumin......……………….Appellant Vs. Abul Hassan and others……………………….Respondents Judgment August 6, 1996. Result: The appeal is allowed. Cases Referred to- Abdul Quader Chowdhury vs. State, 28 DLR (AD) 38, Farruk Ahmed vs. Abdul Kader Chowdhury, 38 ...... No. 223(c) of 1990 will be an abuse of the process of the Court and need to be quashed to save the respondent from the harassment of the appellant who seems to be a scandalous lady. 11. Leave was granted to consider the appellant’s submissions, first, that the learned Additional Sessions Judge..Category: Criminal Law | Date: | Hits: 85
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ......der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ...... the High Court Division in Civil Revision No. 6930 of 1991 (Dhaka) setting aside the judgment and decree dated 15 July 1985 passed by the Small Cause Court Judge, Bogra and directing the trial Judge to return the plaint to be presented to ‘a Court having jurisdiction’. The heirs of the original......nd order of the High Court Division and obtained leave. In course of the appellate proceedings the plaintiff died and the present appellants were substituted in his place. 8. In terms of the leave granted by this Court the decision of this case turns upon the following two points: (1) Whether a m..Category: Tenancy Law | Date: | Hits: 87
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
.... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ......er of getting exemption from customs duty on the basis of the earlier notification and the same could not be adversely affected by subsequent notification made by the Government in exercise of the power of delegated legislation. In reaching the said conclusion sections 19 and 30 of the Customs A......pellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Collector of Customs, Chittagong and Others…………………&helli......of credit on 31-10-1984 and the vessel carrying sugar arrived at Chittagong port on 24-11-84. In the meantime, Government issued another notification (SRO dated 6-11-84) withdrawing the exemption granted earlier and raising the rate of customs duty on sugar from 501 to 751 (by lowering the rate..Category: Business or Commercial Law | Date: | Hits: 126
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. ......lity of text-books in those schools. The Board had statutory control over the text-books prepared and published or approved by it and by necessary implication, he submits, this control included the power to protect its text-books from being used (or abused) in the production of ‘note-books&......n Abdul Kader alias Mostafa Kamal & others……….. Respondents (In Civil Appeal Nos. 77 of 1993 & 17 of 1996] Judgment May 12, 1996. Cases Referred to- Jang Bahadur vs. Principal, Mohindra College AIR (38) 1951 Pepsu 59; Hamdard Dawakhana ......0 (Act No. XII of 1980), hereafter called the Imp Act, to be ultra vires of Article 39(2) of the Constitution and accordingly, struck it down as unconstitutional. The High Court Division, however, granted a certificate under Article 103(2)(a) of the constitution certifying that the cases involve..Category: Intellectual Property Law | Date: | Hits: 279
Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)
....ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ......g was adequately explained by him but the Kartripakkha neither gave him any opportunity to explain the shrinkage nor considered the explanation given by him to be unsatisfactory. Also, there is no power of demolition of a building on the part of the Kartripakkha if it leans on one side and in an...... appeal by leave by the writ petitioner is from the summary rejection of the Writ Petition No. 2595 of 1994 on 8-1-95 by the High Court Division. 2. In 1987 the appellant constructed a four storied residential building on 7 kathas of land in CS plot No. 133 Part. Mouza Bramancharan, JL No.......ght deviation from the approved plan due to change of the boundary and as he was given an opportunity to explain his position the principle of natural justice was not violated. 4. Leave was granted to consider the submission that under clause (b) of sub-section (1) of section 3B of the sa..Category: Business or Commercial Law | Date: | Hits: 136
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178.......ncluded by decision even if that be erroneous. The Supreme Court of Pakistan in the case of Mohd. Amin Khan vs. Controller of Estate Duty PLD 1962 (SC) 335 was considering the scope and extent of the power of review under Article 161 of the Constitution of 1956 and Kaikaus J made some observations t......which is already concluded by decision even if that be erroneous. It appears that there is no valid ground for interference because all the submissions are on the merit of the appeal and this amounts to rehearing the matter……..…..(7 & 9) Case Referred to- Mohd. Amin Khan vs. Control......ision will turn only on one question, namely, whether the acquisition of the plaintiffs’ land was illegal for want of proper service of notices as required under the law. Accordingly, leave was granted to consider whether the High Court Division has correctly decided the issue as to service of..Category: Property Law | Date: | Hits: 80
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ......lities. There is nothing to show, he submits, that the appellant Ministry took any contrary decision later on. The High Court Division, he submits, right interfered in the matter and exercised its power judicial review when the Government was not acting reasonably and fairly in dealing with the ......p;…………………... Respondents (In CA Nos. 60-65 of 1994) Judgment August 13, 1995. Lawyers Involved: AW Bhuiyan, Additional Attorney-General, (B Hossain, Deputy Attorney-General with him), instructed by AW Mallick, Advocate-o......p; Authority to recruit new person “after absorption” of the present one, observing. “This is a unique case and it should be considered in a unique way.” 7. Leave was granted to consider the submission that the only ground on which the Writ Petitions were held to be..Category: Constitutional Law | Date: | Hits: 161
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 ......ir vs. Kelu Nair, AIR 1933 (PC) 167 observed as follows: “Having induced the Appellants to permit him to retire, the Respondent cannot be heard to say that the appellants had no power to relieve him from service. Even if the action of the appellants was not strictly sanctione.................. Appellant vs. Bangladesh, represented by The Secretary, Ministry of Home Affair……Respondents Judgment August 28th, 1995. Cases Referred to- Bangladesh Parjatan Corporation Mafizur Rahman 46 DLR (AD) 46. Akhlasur Rabmanvi Safauru......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
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 ......badly damaged. She went out of commission altogether. There was no place of repair in Bangladesh or India. The nearest place of repair was in the port of Singapore or Korea or Japan. The ship had no power of her own. She had to be towed to any of those places for repair. To keep her afloat some r......the High Court Division in Admiralty Suit No. 9 of 1988). Judgment: Mustafa Kamal J: The measure of indemnity in respect of claims for unrepaired damage to a ship caused by a peril insured against in a Marine Hull Policy of Insurance is the central th...... findings on other disputed matters as well, but those findings are not necessary to be noticed for the disposal of this appeal. 8. We shall now advert to the grounds on which leave has been granted and at the same time explain certain preliminary postulates relating to the policy to avoid..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 ......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 ...............Appellant Vs. Md. Abdul Halim Mia…………………….. Respondent Judgment November 27, 1995. Cases Referred to- Bangladesh Jatiya Samabaya Bank Ltd. vs. Sangbad Daily Paper and others, BCR 1983 (AD) 4......se No.5 of 1977 though filed after expiration of 3 years from the date passed in Execution Case No.15 of 1967, it cannot be said that execution case is hit by limitation”. 7. Leave was granted to consider the appellant’s submission that the High Court Division erred in law in h..Category: Civil Law | Date: | Hits: 133
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 ......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 ......d subsequently the said Begum Shamsun Nahar died on 17.1.83, leaving husband Mirza Murshal Hossain and a son and a daughter, the respondents; that the defendant is a defaulter and he has defaulted to pay rents of the disputed premises from September, 1975; that the plaintiffs required the suit p......that the defendant has been running his business of confectionery, tea, milk, etc.; that plaintiff No.1 took rents from the defendant and he confirmed that payment of rent upto June, 1977 by we by granting a receipt on 4.7.77; that plaintiff No.1 from 3.7.77 to 31.5.78 bought milk on credit wort..Category: Property Law | Date: | Hits: 56
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 ......ff to enable him and other members of his family to see the minor child. Thereafter defendant No.1 sent a notice to the plaintiff informing that she dissolved the marriage exercising her delegated power of divorce and to the same effect she also sent notice to the Mayor of the Dhaka City Corpora......vision No.4002 of 1994 rejecting the plaint of Title Suit No. 354 of 1994 after setting aside the judgment and order dated 23.11.1994 passed by the Senior Assistant Judge, 5th Court, Dhaka refusing to reject the plaint under Order 7 rule 11 of the Code of Civil Procedure. 2. The plaintiff ......ue to public policy and that if any right of any of the parties is violated which is guaranteed by the Constitution in derogation 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 miscon..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. ......sion but through seisin, which establishes possession; but a composition is of equal effect with a decree of the Kazee, in the present case, as the husband, by such composition, makes himself and his power over his own person is superior to that of the Magistrate. This reasoning does not apply to th......on Judgment here. Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Jamila Khatun…………………… Appellant Vs. Rustom Ali………………….... Respondent Judgment March 7, 1996. Result: The appeal ......n by judgment and order dated 19.6.90 set aside the judgment and decree of the lower appellate Court insofar as the decree for past maintenance is concerned, keeping undisturbed all the other reliefs granted to the appellant. The High Court Division allowed maintenance to the appellant with effect f..Category: Family Law | Date: | Hits: 198
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 ......, 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 ......……………….. Defendant-Appellant Vs. Al-Haj Md. Ismail…………………………………………………………… Respondent Judgment January 18, 1996. Cases Referred to- Meherunnessa vs. A Latif 38 DLR (AD) 196; Residence Limited vs. Surendra Mohan Banerjee, Calc......below that the deposit made by the defendant had not been made in accordance with the provision of law nor in terms of the expired deed of agreement and, as such, it was a defaulter. 10. Leave was granted to consider the only question which has been referred to in the beginning of this judgment. ..Category: Tenancy Law | Date: | Hits: 82
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 ...... But the usual and well-settled practice is that a criminal proceeding can only be quashed after cognizance has been taken and process issued thereupon subject to the fundamental principle that the power of quashing is and should be very sparingly exercised and only to prevent the abuse of the p......ip;………………………………………… Respondent Judgment June 11, 1995. Cases Referred to- Emperor vs. Nazir Ahmad AIR (32) 1945 PC 18; N Mahmud vs. M Ahmed, 1984 BLD (AD) 97 = 3......ourt Division is not based on any principle or precedent has a good deal of force. We shall examine the correctness of the said view more fully on an appropriate occasion as we are not inclined to grant leave in the present case because we are satisfied from the facts disclosed in the FIR and th..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 ...... this Act shall be the High Court Division: Provided that the Government may, by notification in the official Gazette and subject lo such restrictions and conditions as it thinks fit, empower any District Court to exercise all or any of the jurisdiction by this Act conferred upon the.............Appellants Vs. Ahmed Impex (Pvt.) Ltd. and ors………………… Respondents Judgment May 20th, 1996. Cases Referred to- Dacca Jute Mills Ltd. vs Satish Chandra Banik, 19 DLR 735; Jabed Ali Sarkar vs. Dr. Sult......ore a Division Bench of the High Court Division which, by judgment and order dated 12-7-94, allowed the appeal and set aside the judgment and order of the learned Company Judge. 2. Leave was granted to the petitioner appellants, inter alia, to consider the appellants submission that the ap..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 ...... Bangladesh, issued the aforesaid notification dated 25 March 1981 promulgating the impugned Rules, hereinafter referred to as the Rules of 1981, which was made by the President in exercise of his powers conferred by the proviso to Article 133 of the Constitution of the People’s Republic o......hellip;…..Appellant/Petitioner Vs. A H M Amir Hossain………………..Respondent [In Civil Appeal No. 52 of 1991 with Civil Petition for Leave to Appeal No. 317 of 1991] A H M Amir Hossain………………......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
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....nt and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ......e 104 of the Constitution. It will not be out of place to say that Article 32 (2) of the Constitution of India invests the Supreme Court of India not only with the writ jurisdiction but also with the power to issue directions, orders or writs in any matter. Thus the Indian Supreme Court possesses or...... Govt. Service always thinks that if he performs his duty with honesty, sincerity and dedication his promotion and seniority is secured………………(14) ii) Whenever a gross injustice is done to anybody for no fault or laches of his own and no remedy is available to the aggrieved person unde......led before the Administrative Appellate Tribunal. The appeal being barred by 80 days the same was dismissed as time-barred. Thereafter this leave petition was filed by the appellant. 7. Leave was granted primarily to consider the case of the appellants for doing complete justice under Article 10..Category: Administrative Law | Date: | Hits: 167
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