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AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....infer any common intention of the parties that the husband by expending money on the improvement of the house should acquire any beneficial proprietary interest in real property in which the whole legal and beneficial interest had previously been vested in the wife. 13. Lord Reid, ho......he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ..Category: Property Law | Date: | Hits: 80
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....practice governing the field In England a Court of Equity had no jurisdiction to interfere for the prevention of crime, or to enforce moral obligation, nor did it interfere for the prevention of illegal acts, merely because they are illegal. A Court of Equity exercised jurisdiction when there wa...... drawing up a proceeding under section 144 Cr.P.C. against defendant No. 1. The SDO (South), Dhaka directed the Officer‑in‑Charge of Gulshan Police Station, defendant No. 6, to maintain status quo and also to enquire and report. The defendants were asked to show cause by 28.2.79 why t..Category: Property Law | Date: | Hits: 81
Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)
....ion upon declaring that the removal of the same (transformer) from the premises of M/S Mahmood Rice Mills situated at village Bhabonerchala within PS Kapasia, District Gazipur on 24.9.89 was illegal. 3. Material facts of the case as can be gathered from the clumsily written writ peti......her than those mentioned above, continued with the consumption of electricity upon taking re‑connection of the snapped line through his own mechanic under the cover of the ad interim order of status quo dated 16.7.1987 passed by the learned Senior Assistant Judge, Gazipur in the above suit...Category: Criminal Law | Date: | Hits: 71
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....sia Senior Madrassa Vs. The Province of East Pakistan, 15 DLR 37. It held that the suit land was not a non‑retainable land and that the Government's Order dated 31st May, 1969 was void and illegal. 5. After considering the decision in 11 DLR (SC) 316, the amendment of section 20 b......e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ..Category: Property Law | Date: | Hits: 64
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
.... from the disputed Echolac handbag being admitted, the unimpeachable evidence adduced by the prosecution, both oral and documentary, showing clearly that the said bag belonged to the respondent was illegally rejected by the High Court Division on untenable grounds causing a manifest failure of justi......0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ..Category: Criminal Law | Date: | Hits: 132
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
.... vide Exhibit-B as the respondent who was not a party to proceeding before the Revenue Officer is not bound by such order and is not required to get it set aside. So Exhibit B should be taken as a legal effect in relation to the claim of the respondent who remained a co sharer tenant in respect ......ing the rights and liabilities of joint tenants or tenants-in- common. The section clearly says that a co-sharer tenant in a holding has the right of pre-emption. We fail to see how without the status of a co-sharer tenant being lost the right to pre-empt can be lost." T..Category: Property Law | Date: | Hits: 60
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
.... Prime Minister of the two countries (hereinafter referred to as the Delhi Treaty) which the appellant claimed, involved cession of Bangladesh territory was without lawful authority and of no legal effect. The declaration was sought with special reference to a part of what is known as Berub......he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ..Category: Constitutional Law | Date: | Hits: 716
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....der sections 435 and 439 of the Code by the learned Judges of the High Court Division in interfering with the order of the Sub-divisional Magistrate directing the detention of the respondents was illegal and without jurisdiction inasmuch as the assumption upon which the impugned order was passed ......e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ..Category: Criminal Law | Date: | Hits: 125
Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
....ub-inspector, did not state the facts which might constitute an offence under the Collaborators Order; and as such the cognizance taken by the Special Tribunal on the said police report was illegal. 3. The police report on which the Special Tribunal took cognizance, however, con......ppointed; and be Collaborators Order was also a valid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 63
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....elected representatives of the people to meet on the 3rd March. 1971 for the purpose of framing a Constitution, AND Whereas the Assembly so summoned was arbitrarily and illegally postponed for an indefinite period. AND whereas instead of fulfilling ......isputed. The Collaborators Order was thus promulgated by an Authority competent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 53
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....ceedings, Section 34 of the Arbitration Act is reproduced below: "Where any party to an arbitration agreement or any person claiming under him commence any legal proceedings against any other party to the agreement or any person claiming under him in r......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
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
....der of acquittal the person in respect of whom the order of acquittal has been passed shall continue to remain in custody". 18. The second part of clause (2) of article 16 thus provides legal protection to the 'continuance' in custody of an acquitted accused which would otherwis......re case reopens and becomes sub judice with the result that parties thereto revert to their original positions, the respondents in appeals against acquittal reverting to their position or status of accused. He drew our attention to the word “accused" occurring in s..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....imes and prevailed upon him not to recognise Bangladesh or give any assistance to her. On 23 March 1992 he was lawfully asked to show cause why he should not be externed from Bangladesh and why other legal actions should not be taken against him. 5. In his affidavit‑in‑reply the respondent r...... gives a person membership in the political community of his country. Further, it indicates a two-way relationship of allegiance and protection between an individual and his country. Citizenship, the status of being a citizen, is a term of municipal law. Nationality, the status of being a national, ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)
.... from among TC Muharrars. The High Court Division held that the aforesaid pro‑vision being only an instruction of Respondent No. 3 and not a statute or any rule, cannot form the basis of any legal right which can be enforced in a court of law. The same cannot override and control the new a......ly, the Extra Muharrars are appointed and paid on work basis from the Government fund, whereas, the TC Muharrars are paid fixed pay from a special fund of the Inspector General of Registration. The status, remuneration and nature of work of the two classes of Muharrars are manifestly different. ..Category: Employment/Service Law | Date: | Hits: 66
Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)
.... for a declaration that the order of cancellation of settlement of land dated 18.9.72 passed by the Assistant Custodian, Enemy Property, Sylhet, Defendant No. 2 in EP Case No. 11/70-71 was void, illegal, etc. and also for permanent injunction. His case briefly, is that the suit land was declared......nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ..Category: Property Law | Date: | Hits: 80
Chittagong Chemical Complex Vs. The Chairman, Labour Court and another, 1994, 23 CLC (AD)
....papers produced by him, found that the case of the First Party was proved and accordingly gave the impugned decision. Even if some materials are not considered by the Labour Court, it may be an illegality or irregularity but it cannot be a ground for interfering with the decision under Article......n Complaint Case No. 193 of 1986, is declared to have been passed without any lawful authority and it is of no legal effect. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 182. ..Category: Labour and Industrial Law | Date: | Hits: 103
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
....and held as follows- "The expression "marriage" having, been read in the light of the context, in our opinion, means and includes not only the ceremony of marriage but also the newly created legal status for both the husband and the wife, to be continued, asserted and recognised to be avai......ld as follows- "The expression "marriage" having, been read in the light of the context, in our opinion, means and includes not only the ceremony of marriage but also the newly created legal status for both the husband and the wife, to be continued, asserted and recognised to be available ..Category: Criminal Law | Date: | Hits: 69
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....roceeding, but it has to be borne in mind that this original constitutional jurisdiction of the High Court Division is aimed at securing a speedy and efficacious remedy to an aggrieved person whose legal or constitutional right has been infringed. It is meant to be a summary and swift mode of di......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 ..Category: Procedural Law | Date: | Hits: 102
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....use Ltd. (1947) 1 KB 130 Denning, J considered the effect of an arrangement made by the parties and concluded: "Where parties enter into an arrangement which is intended to create legal relation between them and in pursuance of such arrangement one party makes a promise to the ......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)
....as never a departmental school of Civil Aviation Authority. On 11.10.86 the then Headmaster of the school wrote a letter to the School Inspector, respondent No. 4 herein, asking his opinion as to the legality of formation of Managing Committee of the school under Regulation 20(1). An inspection team......e Ministry of Defence or Civil Aviation Authority and it is the writ petitioner's own case that the Managing Committee upto 11.1.87 was constituted under Regulation 20(1). How the school has lost the status of a departmental school and has relegated itself to a non‑Government private school is for..Category: Property Law | Date: | Hits: 86
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