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Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ......ry cadre. Such appointment temporarily does not confer the appellant with the right of not being reverted to his parent department. Since the appellant did not join his parent department after the order which amounts to refusal such an officer cannot invoke aid of the court for declaring the imp............ Appellant Vs. People's Republic of Bangladesh......................Respondents Judgment March 28, 1983. The Appellant himself knew at the time of appointment to the cadre of E.P.C.S. class II officers from the parent department that he was being app......of Rationing, Dacca. 5. According to the appellant, the order of reversion reduced him in rank and removed him from service as an Officer of the E. P. C.S (Executive) Class II. As this was done by way of punishment he was entitled to a notice. The order of reversion was passed illegally a..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ......enal Code cannot also be maintained…………….(18) The Penal Code, 1860 (XLV of 1860), section 415 Ingredients of cheating to be established on a charge of cheating In order to constitute cheating it must be established that someone is made to part with some property ......Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ...... The Penal Code, 1860 (XLV of 1860), section 415 Ingredients of cheating to be established on a charge of cheating In order to constitute cheating it must be established that someone is made to part with some property on the promise of another to return to or to give something i..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ...... M. A. Rouf, Advocate, Instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondents. Civil Appeal No. 144 of 1982. (From the judgment and order dated 25th May, 1982 passed by the High Court Division in Civil Revision No. 385 of 1980) ...... ...... the respondents, has, on the other hand, contended that since the executability of a decree is a question relating to execution of a decree within the meaning of section 47, this question can be gone into by an application even after the decree has been executed simply because, for determi..Category: Others | Date: | Hits: 97
Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
....d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ...... Advocate (Mahmudul Islam, Advocate with him) instructed by Kazi Ebadul Huq, Advocate-on-Record— For the respondent No. 1. Civil Appeal No. 119 of 1982 (From the judgment and order dated 8th April, 1982 passed by the High Court Division in Original Order No. 385 of 1979.) ......ted in: 36 DLR (AD) (1984) 5. ......ainst the judgment and order passed by the High Court Division in dismissing the appeal being F. M. A. No. 385 of 1979 summarily. 2. The facts areas follows: The plaintiff appellant filed Money Suit No. 7 of 1955 in the 1st Court of Subordinate Judge, Dhaka. This was decreed on 23.12. 58..Category: Civil Law | Date: | Hits: 107
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
.... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ......t Nos. 1 & 2 (In Civil Appeal No. 123 of 1982). Ex-parte - Respondent Nos. 3 to 11 (In Civil Appeal No.123 of 1982). Civil Appeals Nos. 103 and 123 of 1982. (From the judgment and orders dated 2.4.82. and 2.7.82 passed by the High Court Division in Civil Revision Case Nos. 1147 o......bsp;35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ......y by agreement or concession of parties to litigation or of their lawyers……………..(5) The question of benami nature of kabala on the basis of which pre-emption is claimed can not be gone into and determined in a proceeding for pre-emption……………..(5) Power of revisi..Category: Property Law | Date: | Hits: 122
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
.... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ...... Advocate-on-Record-For the Appellant. B Hossain, Advocate-on-Record - For the Respondent. Criminal Appeal No. 8 of 1991 with Jail Petition No. 1 of 1991. (From the Judgment and order dated 22.8.1990 passed by the High Court Division, Rangpur Session, in Death Reference No. 5.......e the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ........................Appellant Vs. The State.........................................Respondent Judgment June 4, 1991. Case Referred to- Abed Ali (Condemned Prisoner) Vs. The State, 42 DLR (AD) 171. Lawyers Involved : Korban Ali, Advocate, ..Category: Criminal Law | Date: | Hits: 58
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......ocate-on-Record-For the Appellants. Asrarul Hossain, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For the Respondent. Civil Appeal No. 86 of 1989. (From the Judgment and order dated 1.4.1987 passed by the High Court Division, Jessore Session in Civil Revision No. 246 of......ordance with law. The appeal is allowed without any order as to cost. Ed.......ision of the Courts below. 2. Plaintiffs instituted the aforesaid suit in the Court of the Assistant Judge, Sadar Upazila, Kushtia on the averments, inter alia, that the suit premises belonged to one Abdus Sattar and the plaintiffs purchased the same along with other properties for valuable cons..Category: Tenancy Law | Date: | Hits: 101
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ......ith him), instructed by Abu Backkar, Advocate-on-Record-For the Appellant. Nurul Huq, Advocate-on-Record-For the Respondent. Civil Appeal No. 4 of 1987. (From the judgment and order dated 10.7.85 passed by the High Court Division, Dhaka Bench, in Civil Revision No. 619 of 19...... Ed. ......ed Single Judge of the High Court Division, Dhaka in Civil Revision No. 619 of 1984 discharged the Rule by his judgment and order dated 10.7.85. 3. The suit premises is a pucca one-storied building at Municipal holding No. 62, Hajee Abdul Majid Lane, PS Sutrapur, District Dha..Category: Property Law | Date: | Hits: 26
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ......nment for 10 (ten) years under the first Count and to 5 (five) years under the second, making the sentences consecutive. On appeal, the High Court Division at Barisal, by the impugned judgment and order dated 9 November, 1987, dismissed the same but reduced the sentence under section 201 Penal C......ce under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ......uranga is full brother of appellant Jatin and the other accused Bijoy, a neighbour. Jatin developed illicit relationship with Saya Rani, daughter of accused Bijoy, after a peaceful married life of one year. At the same time, he began to put pressure for realisation of money on account of dowry a..Category: Criminal Law | Date: | Hits: 51
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
.... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ......: Mustafa Kamal J.- Civil Appeal Nos. 53 and 54 of 1990 arose by leave from the judgment and order dated 12.3.90 passed by the High Court Division in FA Nos. 31 and 32 of 1989 dismissing the a......In all the appeals) Judgment August 1, 1991. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General (AY Salehuzzaman, Deputy Attorney‑General with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellants (In all the appeals). ......ated 27.4.88, it will be profitable to set out in a nutshell the contents thereof. 10. In the Memo. in question addressed to the Additional Chief Engineer, Roads and Highways, Dhaka Zone, the Superintending Engineer stated that "in the context of the judgment of the highest Co..Category: Others | Date: | Hits: 88
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
....f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ...... Huq, Advocate-on-Record-For the Appellant. Abdul Hamid, Advocate, instructed by M Nowab Ali, Advocate-on-Record-For Respondent No. 1. Ex-parte-Respondent Nos. 2-6 Striking down vide Court's order dated 5.7.88 -Respondent No. 7. Civil Appeal No. 55 of 1986 (From the judgment and orde...... below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ......asis on mutation papers and the plaintiffs rent receipts which were not challenged by the defendants and held that appellate Court ought to have presumed that the mutation, an official act, was duly done, 8. In a simple suit for permanent injunction with regard to a disputed landed property the ..Category: Property Law | Date: | Hits: 31
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ......appellant. Sharifuddin Chaklader, Advocate-on-Record for Md. Ataul Hoque, Advocate-on-Record (absent) - For the respondents. Civil Appeal No. 4 of 1988. (From the judgment and order dated 24-8-87 passed by the High Court Division, Rangpur Bench in Civil Revision No. 402 of 1......Respondents Judgment April 1, 1991. Case Referred to- Abdus Sattar vs. Suresh Chandra 32 DLR (AD) 170l Lawyers Involved: M Gholam Rabbani, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the appellant. Sharifuddin Chaklader......papers, without any corroborating evidence from the deed writer DW 3 Jamshed Ali that there were dearth of stamp papers at the relevant Time, such documents can be created at any time according to one's own sweet will. On evidence the learned SCC Judge found that the partnership deed was inconsi..Category: Property Law | Date: | Hits: 30
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ......ur Rahman, Senior Advocate, (Matiur Rahman, Advocate with him), instructed by M Nowab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 92 of 1990, (From the judgment and order dated 11 th June, 1990 passed by the High Court Division, Dhaka in Writ Petition No. 52 of 19...... Chairman, Bangladesh Council of Scientific & Industrial Research (BCSIR) Dhanmondi, Dhaka & other.................Appellants Vs. Abdul Khaleque, S/o late Md. Akram Hossain Talukdar, 26/6, Block-A, Khilgaon, PS Motijheel, Dhaka‑ 12.......................Responden...... the Council on 5th December 1980 he has been discharging his duties as Research Officer in the Development Project of Food, Science and Technology Division of the Council's laboratories at Dhaka honestly and sincerely to the best of his abilities; that due to some personal grudge against him by..Category: Employment/Service Law | Date: | Hits: 125
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ......ames of the other three brothers of Mali Miah from the plaint. The subsequent application of the other three brothers for being added as defendants in the mortgage suit was rejected by the Court by order dated 13.2.22 Ext. 8 with the observation that the rights of the three brothers, if any, wou...... Present: NIH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Safia Khatun and others......................Appellants. Vs. Amena Khatun being dead her heirs: Ankurornessa alias Tahurunnessa and others..............Respondents Judg...... 3. The contesting defendant Nos. 1 and 2, successors of Mati Miah, contended on the other hand that the properties were exclusively the self-acquired properties of Mati Miah or his benefit alone and that he separated from his brothers in 1308 BS. Defendant No. 3 Lal Miah filed a written st..Category: Property Law | Date: | Hits: 28
State Vs. Shafique and others, 1991, 20 CLC (AD)
....neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ......d-For the Respondent (In Criminal Petition No. 30 of 1986). Criminal Appeal No. 9 of 1987. with Criminal Petition for leave to appeal No. 30 1986. (From the judgment and order dated 26th October, 1983 passed by the High Court Division, Comilla Bench, in Criminal Refere......ent of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ...... Rahman J State………………..Appellant Vs. Shafique and others…........... Respondents Khokan and another........Accused-Petitioners Vs. State ……………Respondent Judgment ..Category: Criminal Law | Date: | Hits: 49
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....his contention that there is no presumption with regard to Ext. 6. It is contended that though there had been several experimental surveys in Sylhet area the record of right had never been finally published. The learned Counsel has drawn our attention to the following observation made in the Int......the Appellants. AW Bhuiyan, Additional Attorney-General, instructed by M Nowab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 52 of 1986. (From the judgment and order dated 5th September 1985 passed by the High Court Division, Sylhet Bench in Civil Revision No...... The appeal is dismissed. No costs. Ed. ......s the suit land by paying rents and obtaining dakhilas; that in Kartick 1376 BS the Government Tahsildar disclosed that the suit land was recorded in the name of defendant No. 2, the Deputy Commissioner, Sylhet, and asked the plaintiffs to take settlement from him. After finding on enquiry that ..Category: Property Law | Date: | Hits: 25
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
.... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......ed an application under section 561A of the Code of Criminal Procedure before the High Court Division, Dhaka for quashing of the aforesaid proceeding. A Division Bench, by the impugned judgment and order dated 21 May 1989, summarily rejected the said application whereupon the appellant came to th......herefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......der whether the High Court Division was justified in the facts and circumstances of the case in rejecting the application for quashing of the proceeding. 3. The FIR in the case was filed by one Md, Ataur Rahman, Inspector, DAB, Dhaka on 27.8.87. He himself investigated the case and submit..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ......have read the draft judgments of brothers ATM Afzal and Latifur Rahman, JJ; I concur with the decision of ATM Afzal, J. ATM Afzal J.- This appeal by leave at the instance of the State is from an order of acquittal under sections 302/109 Penal Code passed in favour of the respondents by the High......ongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ...... 21 of 1986. (From the Judgment and Order dated 27th July 1983 passed by the High Court Division, Dhaka Bench in Criminal Appeal No. 137 of 1980). Judgment Shahabuddin Ahmed CJ.- have gone through the judgments written by my learned brothers ATM Afzal and Latifur Rahman, JJ; I concur ..Category: Criminal Law | Date: | Hits: 38
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
....judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ...... Appellant. Syed Ishtiaq Ahmed, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For the Respondents. Civil Appeal No. 67 of 1986. (From the Judgment and order passed by the High Court Division, Chittagong Bench dated 4.11.1985 in Civil Revision No. 241......No costs. Ed. ...... Judgment March 24 1991. Cases Referred to- Mian Kamal Din Vs. Malik Muhammad Bashir PLD 1952 Lahore 456; Ahsan Ali & others Vs. District Judge and Settlement Commissioner, Sukkur and others 21 DLR (SC) 139 = PLD 1969 SC 167; Chowdhury Saifuddin Ahmed Vs. Shamsuddi..Category: Procedural Law | Date: | Hits: 104
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
.... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ......iddique, Advocate-on-Record-For the Respondent No. 1. Md. Nowab Ali, Advocate-on-Record-For the Respondent No. 2 (State). Criminal Appeal No. 12 of 1991. From the Judgment and order dated 7.3.91 passed by the High Court Division, Dhaka in Criminal Revision No. 265 of 1988). ...... 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ......ant filed a special application for drawing up proceeding under section 145 of the Code. The learned Magistrate drew up the proceeding in the absence of the second party‑respondent, giving as one of the reasons the fact that the second party disclaimed any connection with CS plot No. 533 or..Category: Criminal Law | Date: | Hits: 54
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