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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 ......his connection we may also refer to the following passage from the decision of the Full Bench of the Allahabad High Court in Ananti Vs. Channu, JLR 52 All 501 = AIR 1930 All 193, in which the general principles which should govern the question of jurisdiction of a suit at its inception were very ful......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 ..Category: Tenancy Law | Date: | Hits: 87
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
.... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ...... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ......ration during the material period Although it is a settled law that even if an incumbent after the termination of his service engages himself in any other service or business transaction, then any amount that he might earn by way of salary from such service or as profits of such business may be ..Category: Employment/Service Law | Date: | Hits: 77
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 ......il over the notification issued under section 19 of the Customs Act. Although this Division in its judgment decided the case in favour of the writ-petitioner-respondent A Hannan on the basis of the principle of promissory estoppel, it was clearly held: (though not with elaborate reasons) “P......not in force on the date of the opening of the letters of credit were declared to have been made without any lawful authority and be of no legal effect. The authorities were directed to refund the amount, if any, realised from any writ-petitioner or petitioners in excess of the rate in force at ..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. ...... their text-books is not infringed by the publication of note-books thereof and that the claim of right also to do business cannot defeat the right of the respondents under Article 39 (2), for, the principle is, that if violation of more than one fundamental right is made the basis of a (writ) pe......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
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 ......cted the writ petition on the ground that the appellant admitted slight 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 submiss......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 ..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.......dence which was not known or could not be produced before, (ii) on account of some mistake or error apparent on the face of the record, or (iii) for any other sufficient reason. Consistently with the principle that there is to be an end to litigation it is now well-recognised that review is not an a......hearing 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...Category: Property Law | Date: | Hits: 80
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ......heirs of deceased-defendant No.3, Aga Ali Hasan Raza, within time who had died on 4-4-1972. 2. Leave was granted mainly on the ground that the High Court Division failed to apply the correct principle as to substitution of the heirs of deceased-defendant No.3 as was applicable in the fact......o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ..Category: Property Law | Date: | Hits: 70
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 ......lf of the appellant, that the appellant as a Government Servant did not go for voluntary retirement and he was given compulsory retirement from service as a measure of punishment and, as such, the principle of estoppel is not attracted in the facts and circumstances of the case inasmuch as the a......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 ......t has been held by this Division in the case of Eagle Star insurance Co. Ltd. vs. Rahmania Trading Co. Chittagong, 28 DLR (AD) 109, that “Marine Insurance contract is governed by the general principles of contract and also the English principles. The general principles embodied in English ......is in the third alternative for unrepaired damage, counted by two alternative methods viz, (i) value of vessel less depreciation plus overhead costs incurred (vide paragraph 15 of the plaint). The amount calculated this way will be a claim for US $ 17,92,000.00. (ii) The alternative method of ca..Category: Business or Commercial Law | Date: | Hits: 151
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ......able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ......00 as rent for 18 months there was a settlement between the defendant and Jahanara Bewa in pursuance of which the defendant had paid Taka 1080.00 to her pending withdrawal of the already deposited amount. She agreed to return the money after withdrawal and executed a receipt on 12-4-1982 accepti..Category: Property Law | Date: | Hits: 52
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 ......her shop to the defendant the aforesaid advance of Taka 17,500.00 would be treated as an advance rent of the disputed premises; that plaintiff No.1 agreed in writing for adjustment of the aforesaid amount; that since July 1977 upto the month of December, 1984 the total rent for 90 months at the ..Category: Property Law | Date: | Hits: 56
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
....t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ......lection in the Election Tribunal and agitate the question of age upon evidence at the trial therein, and that the High Court Division erred in assuming jurisdiction which according to the settled principle ought to be exercised by the Election Tribunal.” 8. Khondker Mahbubuddin Ahmed, lea......t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ..Category: Election Law | Date: | Hits: 129
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 ......ned Single Judge of the High Court Division rejected the plaint of title Suit No. 354 of 1994 and made the Rule absolute with cost of Taka 1,000.00 after holding, inter alia, that under the settled principle of law the mother was the exclusive guardian and custodian of the minor, that the tempora......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 ..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. ......limitation does not apply at all to such kinds of law were neither mooted nor decided in Sardar Muhammad s case This case is no authority for the proposition, advanced by Mr. Shaha, that as a general principle re if any can be granted to a plaintiff in a suit under the Ordinance of 1985 only from th......f marriage. By judgment and decree dated 3 1.5.86, the trial Court decreed the suit for Taka 30,287,50.00 representing maintenance for 11 years 1 & 1/2 months for her child @ Taka 75.00 per month amounting to Taka 10,012,50, maintenance for herself for the same period @ Taka 125.00 per month amo..Category: Family Law | Date: | Hits: 198
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. ......he intended to obtain money dishonestly by misrepresentation or false representation. 18. It will not be fair to say that the learned Judge of the High Court Division was unaware of the aforesaid principle. It is true that emphasis was given to the terms of the tender notice and the agreement en......espondents denied the allegations altogether. The defence taken by respondent Iqbal Hossain was, that the pumps were supplied on the basis of a contract and there was absolutely no entrustment of the amount allegedly misappropriated that the work order was given to him as he was the lowest tenderer ..Category: Anti-Corruption Laws | Date: | Hits: 92
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
....rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ......rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ......e years Begumjan expressed her wish that she was not in a position to repay the consideration money and to re-purchase the sold out suit property. In such a situation Begumjan on receipt of a further amount of Taka 99.00 from the defendants relinquished her personal right to re-purchase the sold-out..Category: Property Law | Date: | Hits: 63
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 ...... only of the building and its appurtenances but also of furnishings, electric installations and other amenities agreed between the parties to be provided by and at the cost of the landlord. 21. On principle we take the same view that whatever amount is paid by the tenant to his landlord in terms ......que and the said agreement was to expire on 31.12.1985. It was stipulated in the said agreement that the appellant would pay the monthly rent of Taka 1098 and in addition to that it would pay a fixed amount of Tic. 60 as WASA charge. It was also stipulated that after the expiry of the agreement the ..Category: Tenancy Law | Date: | Hits: 82
Shamsul Islam & others Vs. Badiar Zaman alias Bablu and another, 1996, 25 CLC (AD)
....s of consanguinity from the donor. Hence the contention of Mr. Fazlul Karim cannot be accepted. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 88 ......cision reported in 20 DLR 376, wherein it has been held that sister’s son is a relation by consanguinity within three degrees of his donor. In the instant case the parties are Muslims and the principle of Succession Act, 1925 is not applicable. The concept of consanguinity in Muhammadan Law......s of consanguinity from the donor. Hence the contention of Mr. Fazlul Karim cannot be accepted. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 88 ..Category: Property Law | Date: | Hits: 56
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 ......ischarged. 5. Mr. Nurul Islam (Sujan), learned Advocate for the petitioner, submits that the High Court Division was in error in taking the aforesaid view as the same is not based upon any principle or precedent. He also submitted that the High Court Division acted illegally in not consi......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 ..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 ...... 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 .......00 be given to them representing the value of their shares and claim on appellants profits in the business of the company and they promised to return the cheque for an equivalent cash amount when the company would receive full amount of its claim from the Power Development Board.&n..Category: Business or Commercial Law | Date: | Hits: 118
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