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Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
..... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ...... act as member-secretary of the committee. This decision was announced on 17-11-1999. The proposal was sent to the Ministry of Law, Justice and Parliamentary Affairs on the said date for necessary action after consultation with the Supreme Court of Bangladesh as required under Article 116 of the..Category: Election Law | Date: | Hits: 158
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......ghts of the writ petitioner and a multitude of individual creditors and depositors afflicted by a common wrong, injury and invasion. It is also the case of the writ petitioner that by their common action the respondents in the writ petition have attempted to circumvent the law and have committed..Category: Constitutional Law | Date: | Hits: 199
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
....rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ......se of forfeiture of tenancy for denial of title, written notice of lessor’s intention to determine the lease is not compulsory and must be optional as the notice is not for the part of the cause of action for such eviction and cause of action is the denial of landlord’s title………………â€..Category: Tenancy Law | Date: | Hits: 70
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ...... major penalty as has been meted out to the petitioner. 7. He further submits that the lower appellate court being the final court of fact, on proper appreciation of evidence found that the action of the respondent inflicting major penalty upon the petitioner for having made financial mi..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
..... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ......23) Section 14 A of the (Emergency) Requisition of Property Act has, in clear and unmistakable terms put as express embargo in entertainment of any suit or application against any order or action under the Act. So, embargo embodied under section 44 of the Ordinance 1992 has closed the do..Category: Civil Law | Date: | Hits: 77
Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)
....cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ...... 18(a) and (b) of the Arms Act, as Fatullah P. S. Case NO. 10(2)88 under Section 18(A). And Sections 3 and 4 of the Explosive Substance Act was filed against the petitioner. It was stated that the action has been taken in the public interest. That there is no case pending against the petitioner ..Category: Criminal Law | Date: | Hits: 42
Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)
....stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ......ondent joined the service on 6.3.70 as a Social Welfare Organizer under the Ministry of Social Welfare, since then he served at different stations efficiently, sincerely, honestly and to the satisfaction of the authority. He was promoted to the post of Assistant Director on 27.11.86 and was&nbs..Category: Administrative Law | Date: | Hits: 124
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......tion. A Judge has to be firstly appointed by the President, in consultation with the Supreme Court and in the instant case the appointment and subsequent posting having been not so made the action if ultra vires and the learned Judge has therefore, no jurisdiction to hold the post a..Category: Banking Law | Date: | Hits: 121
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......990 did not file any appeal against the decree passed in the said suit and as such he is not entitled to challenge the decree passed in Artha Rin Adalat Case No.55 of 1990/82 of 1982 that no cause of action arose within the jurisdiction of the 5th Court of Subordinate Judge, Dhaka where defendant No..Category: Civil Law | Date: | Hits: 130
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......r form were not applicable for the disputed property; that it was not necessary to consider the affidavit sworn by Syed Altaf Hossain at the time of accepting his tender; that there is no cause of action for filing the suit; that since the plaintiff did not participate in the tender, there..Category: Property Law | Date: | Hits: 54
....ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs.
Ed.
......ked the opinion of the High Court by framing to following question:
"Whether in the facts and peculiar circumstances of the present case, the Tribunal was justified is not interfering with the action of Income-tax Officer in connection with the income of that branch M/s. Jamal Jute Baling &..
Category: Fiscal/Taxation Law | Date: | Hits: 78
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....is is a question of fact and hardly arises in this appeal by speÂcial leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......not on the defendants, the beneficiaries of deeds, to prove that the documents were read over to Sujan Bibi and she executed those document after understanding the contents thereof and nature of transaction under them, and the onus shifts on the plaintiffs to proved that the documents were not expla..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Abdus Subhan &. others, 1979, 8 CLC (AD)
....n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255.......and the sale deed was duly executed by the owner and the holding was never abandoned by the owner. This having been found in favour of the resÂpondents the High Court Division correctly declared the action purported to have been taken under provision of P.O. 16 of 1972 is illegal and as such the pr..Category: Property Law | Date: | Hits: 67
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....oned in the original comÂplaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......f public importance has been raised as to whether the High Court Division was correct in directing the trying Magistrate to send the records of the case to the Sub-Divisional Magistrate for necessary action, that is to say, for consideraÂtion of the naraji petition and other materials available on ..Category: Criminal Law | Date: | Hits: 60
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
.... allÂowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ......dural irregularities do not confer any unwarÂranted benefit to any party. In other words, it is contended that wherever a procedure is laid down the parties must observe the procedure otherwise the action will be ultra vires. Reliance was placed on the dictum of Justice Frankfurter. 6. The lear..Category: Others | Date: | Hits: 94
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......ce or mala fide. 10. It is to be observed that when an auÂthority is vested with a jurisdiction to do cerÂtain acts and in the exercise of that jurisdiction he does it wrongly or irregularly the action can be said to be done within the purported exerÂcise of his jurisdiction. But an act which ..Category: Constitutional Law | Date: | Hits: 157
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ......ial waters of BanglaÂdesh. 2. Facts are that the Bangladesh Navy captured three Thai Fishing Trawlers and they were handed over by the Navy to the Customs authorities at Chittagong, for necessary action. The Collector of Customs, Chittagong, conÂfiscated the three Thai Fishing Trawlers along wi..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Bangladesh CheÂmical Industries Corporation and anr Vs. Sk. Abdur Rashid , 1980, 9 CLC (AD)
....ustries Ltd Looked at from any stand-point the case of the appellants does not stand and therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 133 ......s clearly stated that the respondent's termination as adminisÂtrator was valid but he continued to be in the service of the Company as the Chief AccounÂtant. An observation was that the Company’s action to deny the respondent to resume his duties was not lawful in the present Writ peÂtition. Th..Category: Employment/Service Law | Date: | Hits: 70
State, People's ReÂpublic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ...... Special Tribunal to a Martial Law Court being a matter of procedure operates retrospectively……………….(52) Right of appeal is a vested right Right of appeal by a party to an action is not affected as being a matter of existing right. By a subsequent legislation a litigantâ€..Category: Criminal Law | Date: | Hits: 294
A. Z. Rafique Ahmed Vs. BD Council of Scientific and IndusÂtrial Research & ors, 1980, 9 CLC (AD)
....ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ......ishment Branch-I of the Council on June 24, 1976 and misbehaved with the Superintendent. The peÂtitioner was asked to show cause within ten days from the receipt of the notice as to why disciplinary action should not be taken against him. He submitted his explanation on October 21, 1976 denying the..Category: Employment/Service Law | Date: | Hits: 130
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