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....urther find from the record that the petitioner company's domestic Enquiry Officer has falsely prepared a sheet putting some questions to respondent No. 2(worker) and writing in the Inquiry Officer's hand that the replies given by the said worker respondent No. 2 was in the affirmative i.e. the Work......0. In the case reported in 32 DLR 265 (as referred to by the learned Advocate for the petitioner) it was held that the Rules on natural justice must be read in the context of the statutory provision governing a particular case and that the requirement of natural justice vary with the varying conside......ned Advocate for the petitioner. On the contrary they go against him.
In the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 223.
..
Category: Employment/Service Law | Date: | Hits: 89
Chevron Lines Vs. Chairman, Bangladesh Oil, Gas and Mineral Corporation, 1990, 19 CLC (HCD)
....er was asked to give the analysis of their offered price which they supplied on 8.1.90. The petitioner alleges that instead of awarding the contract to the petitioner, the respondent No. 1 on the one hand Started secretly negotiating with the respondent No. 4 to reduce their price in an attempt to f......he respondent No. 4 on several grounds. Relying on the decision in the case of Sharping Natsajibi Samabaya Samity, 39 DLR (AD) 85, his first ground is that Petrobangla king an instrumentality of the Government is subject to the same constitutional and legal limitations as imposed under the Governmen......e said to be arbitrary or mala fide in any manner. Impugned letter of intent dated 1.1.1990 has therefore been issued lawfully and validly. Ed. This Case is also Reported in: 43 DLR (1991) 218. ..Category: Others | Date: | Hits: 131
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....on 18.4.91. After the said President was taken from his Sena Bhaban residence to Gulshan House No. 10, Road No. 84, the said Sena Bhaban was taken over by a Committee, appointed by the Government and handed to the Chief Metropolitan Magistrate, Dhaka for making an inventory which the Committee did. ......een taken therefrom thereafter to Dhaka Central Jail on 18.4.91. After the said President was taken from his Sena Bhaban residence to Gulshan House No. 10, Road No. 84, the said Sena Bhaban was taken over by a Committee, appointed by the Government and handed to the Chief Metropolitan Magistrate, Dh......e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....se later on as he had to arrest some culprits at Paribagh. At 8‑30 to 9 in the night accused Abdul Bari came to the house of Shafiqul Islam alias Arun and PW 5 and others waking Arun from his sleep handed him over to the Sub‑Inspector Abdul Bari and Abdul Bari took him to Ramna PS. It is the pro...... as he had to arrest some culprits at Paribagh. At 8‑30 to 9 in the night accused Abdul Bari came to the house of Shafiqul Islam alias Arun and PW 5 and others waking Arun from his sleep handed him over to the Sub‑Inspector Abdul Bari and Abdul Bari took him to Ramna PS. It is the prosecution ca......se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ..Category: Criminal Law | Date: | Hits: 87
Malik Mohammad Amin Anowar Vs. Shahjahan Mia and others, 1990, 19 CLC (HCD)
....atus quo in respect of both movable or immovable properties in dispute. Let the matter come up in the list for hearing on 26.7.90. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 150. ......atus quo in respect of both movable or immovable properties in dispute. Let the matter come up in the list for hearing on 26.7.90. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 150. ......plication alleges that on 4.4.90 the petitioner defendant disclosed about the result of the Revision case and threatened to dispossess the plaintiff from the suit property and also interfere with his management of the oil and rice mill in the suit. The plaintiff approached his lawyer at Barisal and ..Category: Procedural Law | Date: | Hits: 73
Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)
....ere standing on the ail of a land when Sabdul was being murdered by the rest of the accused. According to the confessional statement, these two accused did not participate in the murder. On the other hand, both of them have expressed that they were not even aware that Sabdul would be done to death. ...... night for him to return. Sabdul however did not return during the night. In the following morning his brother Kowsar Ali, P.W.2, P.W.3 Abdul Mannan and other neighbours in course of their search discovered the dead body of Sabdul at 6‑00 AM next day in the field of village Molla Kua. None was awa...... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ..Category: Criminal Law | Date: | Hits: 86
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
....bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134.......have proved experience in successful supply and installation of at least one General Air-conditioning plant of minimum 200 TR single chiller capacity, manufactured by them or their principal, to any government, semi‑government or autonomous organization under a single contract in Bangladesh. ......ucted building. It is the further contention of the respondents that the respondents had never acted unjustly, unfairly or arbitrarily. What they have done, they have done with reasons and for proper management of the internal affairs of the construction of a building which belongs to the Bangladesh..Category: Others | Date: | Hits: 123
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....Case is also Reported in: 16 BLC (AD) (2011) 62. ......vour of plaintiff Nos.1 and 2, who are his living sons, being registered deed of gift No. 4802 dated 5-6-1970, through which he gifted away all his properties to the plaintiff Nos. 1 and 2 and handed over possession of the same to them including the residential house, on the ground that the defendan......e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ..Category: Property Law | Date: | Hits: 75
Boynuddin and others Vs. Azimuddin and others, 1989, 18 CLC (HCD)
.... his jurisdiction by not restoring the objection under section 47 of the Code of Civil Procedure. 5. Mr. Akram Hossain Amin, learned Advocate appearing for the opposite parties 1‑4, on the other hand, contends that the petitioners could file a second application under section 47 of the Code of ......at one Hakimuddin Pramanik, as plaintiff, instituted a suit in the Court of the learned Munsif, Sadar, Rajshahi being OC Suit No. 167 of 1958 for declaration of his title in the suit lands and for recovery of khas possession in ejmali with the defendant No. 17 on a declaration that the kabala dated ......with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ..Category: Procedural Law | Date: | Hits: 83
Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
....inur Reza Chowdhury J Abdul Awal Mia (Md.).................Appellant Vs. Sonali Bank & others.................Respondents. Judgment May 28, 1990. Cases Referred to- Messers Chand Oil Mills Vs. Haji M Muhammad Zakaria & Co. & 2 others, PLD 1958 Kar. 510; Md. Ibrahim ......he duplicate keys were lying in the Bhairab branch of the bank. As a matter of fact the defendant No. 1 did not know where the duplicate keys were kept. As per Rules of the Bank at the time of making over and taking over charge the duplicate keys must be tested on withdrawal from the custodian on wi......nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201...Category: Civil Law | Date: | Hits: 82
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
.... 3 sons namely, Raghu Nanda Saha Banik, Nripendra Kumar Saba Banik and Prasanta Kumar Saha Banik that Satya Kumar Saha Banik died leaving behind him 2 sons namely, Tapan Kumar Saha Banik and Kartick Chandra Saha Banik; that SA record was duly prepared in the names of Raghu Nanda. Saha Banik, Nripend......uently inducted one Khalilur Rahman and others as sub‑tenants; that the Deputy Commissioner, Dhaka requisitioned the said property in LA case No. 2237 of 1973 and 1268 of 1976 for accommodation of Government employees and then allotted the same to Md. Sharif Hossain, plaintiff No. 1 (Opposite Part......f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ..Category: Property Law | Date: | Hits: 78
Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)
....11.9.73 on proper deposit of consideration and compensation. He further claims that the purchasers are strangers to the case land and as such the land is liable to be pre‑empted. 3. On the other hand, the petitioner in the revision petition, Md. ldris Mia, who is one of the purchaser pre‑empt...... defendant, shall be taken to be admitted except as against a person under disability". 14. This rule is known as the doctrine of non‑traverse which means that when a material averment is passed over by an evasive denial or without a specific denial it is taken to be admitted. Here in this case......tion of law I find that the application for pre‑emption has been rightly allowed. The rule is, therefore, disclosed without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 127...Category: Property Law | Date: | Hits: 72
Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)
....as soon as he had reached Dainik Bangla crossing he found people running helter skelter and he moved towards the east with the vehicle and found a man was apprehended with a revolver who was being manhandled by some persons near Arambag club. He then took that person with a revolver and ammunition u...... by the informant P.W.1 Md. Abed Ali, SI of Police, Motijheel Police Station, Dhaka in short, is that on 4.4.91 he was on duty at Motijheel Police Station as an emergency officer on patrol duty with government vehicle. At about 2‑15 PM he was going from Gulistan to Motijheel Police Station and as ......pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ..Category: Criminal Law | Date: | Hits: 75
Meghna Petroleum Limited Vs. Commissioner of Taxes, 1992, 21 CLC (HCD)
....s granted there would be no chance of evasion of tax if it is found that the disputed amount of tax is payable as the company is fully owned by the Government. 4. Mr. Moksudur Rahman, on the other hand, contends that merely for the expression “unless the recovery thereof has been stayed by the ......ction 161 reads: "Notwithstanding that a reference has been made under section 160 to the High Court Division, Tax shall be payable in accordance with the assessment made in the case unless the recovery thereof has been stayed by the High Court Division." (Emphasis added). Mr. Huq further cont...... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115...Category: Fiscal/Taxation Law | Date: | Hits: 98
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
.... Lawyers Involved: Momtazuddin Fakir, Additional Attorney-General (with Akramul Haque, Assistant Attorney-General), instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. Bivash Chandra Biswas, Advocate-on-Record—For the Respondent No.1. Not Represented—Respondent Nos. 2-......rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ..Category: Criminal Law | Date: | Hits: 89
Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)
....ioned in rule 12(5) of the Rules does not mean an absolutely exact literal head but means that the head shall be so stated that nobody can by any possibility misunderstand it. . 12. In the case in hand the election petition which has been filed by opposite party No. 1 has been accompanied by a re......n on the ground that the deposit was not in compliance with the rule 12(5) of the Rules. The election Tribunal took the view that there has been a substantial compliance with the rule and accordingly overruled the objection, by an order dated 27.9.88. Being aggrieved the petitioner has called in que......e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166...Category: Election Law | Date: | Hits: 130
Anwar Hossain Majhi Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
....g such repressive measure against an elected representative by the executive authority. 6. Mr. Hasan Ariff learned Deputy Attorney General appearing on behalf of the respondent No. 1, on the other hand, submits that incorporation of section 13A of the Ordinance is the product of experience of the......igh Court Division (Criminal Revisional Jurisdiction) Present: Mohammad Abdur Rouf J Md. Mozammel Hoque J Anwar Hossain Majhi.....................................Petitioner Vs. Government of Bangladesh & others...............Respondent. Judgment December 5, 1989. ......allow the petitioner to enter into his office immediately. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 155...Category: Election Law | Date: | Hits: 121
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
.... order passed by the prescribed authority under Article 15 of the Presidents Order No. 16 of 1972. 7. Mr. MH Khondker, the learned Advocate appearing for the respondents 1 and 2, had, on the other hand, contended that since the question as to the extent of tide of the petitioner in the disputed p......dgment Naimuddin Ahmed J. - By this application under Article 102(2) of the Constitution of an order passed by the Respondent No. 1 through the Respondent No. 2, the Secretary, Ministry of Works, Government of People's Republic of Bangladesh on 17.4.85 refusing to release certain properties from ......ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ..Category: Property Law | Date: | Hits: 78
....বরণী এতদসংগে প্রেরণ করা হইল।”
3. Allegations have also been brought against the petitioner that although three dangerous dacoits were caught red‑handed in Nagarpur PS Case No. 2 (9)88, yet in lieu of illegal gratification he compelled his subord......
Present:
Fazle Hussain Mohammad Habibur Rahman J
Habibul Islam Bhuiyan J
Abdul Hannan Khan (Md.)................................Petitioner
Vs.
Secretary, Ministry of Home Affairs, Government of Bangladesh and others..............Respondents.
Judgment
March 19, 1990.
Cases......a) the terms and conditions of persons in the service of the Republic, including the matters provided for in Part IX and the award of penalties or punishment :
(b) the acquisition, administration, management and disposal of any property vested in or managed by the Government by or under any law, ..
Category: Employment/Service Law | Date: | Hits: 79
Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
....cre of the disputed land. 2. Plaintiffs case in short is that the disputed land originally belonged to one Sarada Paul who let out the same in 1926 at a monthly rental of Tk. 6/‑ to Indra Kumer Chanda, a maternal cousin sister' husband of the plaintiff. Indra Kumar Chanda created two dwelling h......n the death of Indra Kumar became the Headmaster of the school and started residing at the Headmaster's residence mentioned above. Subsequently the school was aided by the local municipality and the Government. Some local persons had expressed their desire to purchase som6 other land from the bank, ...... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ..Category: Property Law | Date: | Hits: 70
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