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Water Supply and Sewerage Authority (WASA) and another Vs. Md. Abdus Sobhan, 2006, 35 CLC (AD)
....hul Amin J. - This petition for leave to appeal has been filed against the judgment of August 31, 2004 of a Single Bench of the High Court Division in Civil Revision No. 2072 of 2000 making absolute the Rule obtained against the judgment and decree dated February 28, 2000 of the 5th Court o......ther reinstated employees. 10. In the afore state of the matter we are of the view High Court Division has committed no error in making the Rule absolute and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Repo......o error in making the Rule absolute and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 646. ..Category: Employment/Service Law | Date: | Hits: 64
Md. Anwar Hossain Vs. Government of Bangladesh, 2004, 33 CLC (AD)
....eparation of cold drinks) but in fact no material for preparation of cold drinks was destroyed. By such fraudulent act, the. Government incurred loss of about Taka 1 crore. Some national dailies also published the story of false destruction of raw materials and misappropriation of huge amount of......sion, we find no substance in the submissions of learned Advocate. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 12. ......ed destruction of foreign raw materials (meant for preparation of cold drinks) but in fact no material for preparation of cold drinks was destroyed. By such fraudulent act, the. Government incurred loss of about Taka 1 crore. Some national dailies also published the story of false destruction of ..Category: Criminal Law | Date: | Hits: 41
Ayen Ali Howlader Vs. Nazir Ahmed and others, 2007, 36 CLC (AD)
.... Abdul Matin J. - This petition for leave to appeal is directed against the judgment and order dated 06.08.2005 passed by the High Court Division in Writ Petition No.4404 of 2003 making the Rule absolute. 2. The facts, in short, are that the respondent No.1 as petitioner filed Writ Petiti......ying rent regularly since 1379 B.S. after mutating his name therein. He has obtained rent receipts in his name up to 1410 B.S. from the local Tahasil office. 6. The case land is in a market called Puran Bazar which is not adjacent to the writ petition Aluminum factory. There is a road of ......ent and order passed by the Land Appeal Board. We find no merit in this leave petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ..Category: Property Law | Date: | Hits: 29
Md. Rabiul Awal @ Sohel Miah Vs. Md. Abdur Rab @ Abdur Rab, 2007, 36 CLC (AD)
....is Ali. Thereafter, whereabouts of said Nasim Razzak could not be ascertained. While Idris Ali was thus in possession by payment of municipality taxes, rates etc. he on 12.08.85 transferred the possessory right to the plaintiff at a consideration of Taka 70,000.00 only by way of a registered power o......st illegally declared title of Rabiul Awal in the suit property. 13. Similarly, Abdur Rab failed miserably to prove the power of Idris Ali to transfer any right of the original allottee. By the so-called power of attorney dated 12.08.1985 Abdur Rab therefore, acquired no right in the property. Ac......issions of the learned Counsel appearing for the petitioner. 17. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 221...Category: Tenancy Law | Date: | Hits: 180
Ameena Ahmed Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....and did many things during his life time for the advancement of education. Before his death he expressed his desire to donate his eyes after his death for the purpose of placing cornea to blind persons and as per this desire after his death his eyes were collected by the doctors and those were p......s and circumstances of the case we find no merit in this petition which is accordingly dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ......ees planted by important dignitaries and persons will be destroyed and the purpose of plantation of those trees will be frustrated and the petitioner and her family members will suffer irreparable loss and injury which cannot be compensated by way of monitory compensation. 11. There is a m..Category: Property Law | Date: | Hits: 31
Md. Sirajul Islam Vs. State, 2007, 36 CLC (AD)
....pellant was found guilty under sections 409/468/477A of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 (Act II of 1947) and was sentenced to 1(one) year rigorous imprisonment and to pay a fine of Tk.40,000/-, in default to suffer rigorous imprisonment for 4 (four) mo......sional Special Judge, Rajshahi and there petitioner was put on trial to answer the charges as mentioned hereinbefore. The accused having had denied the charges brought against him the prosecution was called upon to establish the same by calling witnesses. It was the defence of the convict that the p......irmity in the judgment of the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 118. ..Category: Anti-Corruption Laws | Date: | Hits: 111
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
.... and Civil Revision No.2826 of 2003 filed by the same plaintiff having been heard together and disposed of by a common judgment by a Single Bench of the High Court Division making both the Rules absolute upon sending back the suit on remand to the trial Court for disposal and therefore, both the......the impugned judgment of the High Court Division and it is argued that sending back the case on remand to the trial Court will not in any way prejudice the parties and, as such, no interference is called for by this Division. 17. We have heard the learned Counsel of both sides and conside......cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ..Category: Procedural Law | Date: | Hits: 86
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
....y would be held. 6. The Appellate Tribunal held that the second and third enquiries were illegally held without rejecting the first enquiry report, that in the subsequent enquiry only some documents were relied upon and the respondent was not given to know as to on what specific poi...... 28. As regards consultation with the Public Service Commission, it appears that available materials were placed before the Commission on consideration of the same opined that no penalty is called for against the respondent This opinion was obtained after the second inquiry fresh opinion ......nquiry officer categorically and clearly mentioned this in his report. Here it appears that the inquiry officer in the second inquiry report found on allegation No. 1 that the respondent has caused loss for which he may be held responsible and as regards allegation No. 2 his finding is that the ..Category: Administrative Law | Date: | Hits: 94
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....ation of People’s Order, 1972 (President’s Order No. 155 of 1972), Article 31(2) (d) (e) A ballot paper is to be stamped on its back with full official mark and counterfoil is also to be stamped accordingly but during rush that follows a brisk polling it may not be possible to......s manipulated. The polling at Gabgachhiya Government Primary School Polling Centre not having been held in accordance with law, the polling was void as a whole and a fresh poll was necessary to be called for in those two polling centres. The ballot papers of all the polling centres under Pirojpu......s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ..Category: Election Law | Date: | Hits: 126
Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)
....ded for maintenance of certain public welfare institutions from the income of Chera Dangi Mela of Dinajpur. The trust was run by a committee selected by the local people for three years. The deed also provided for maintenance of accounts and its audit and procedures for holding of election of the ......or holding of election of the next committee and measures for their infraction. Articles 23 and 36 are the two articles which cover this contingency. A detailed reference to them at this stage is not called for, because the question of jurisdiction of the District Judge is in question. The Committee...... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ..Category: Trust/Waqf Law | Date: | Hits: 185
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....ppellant was that when they was going to get the fruit of their investment of capital and labour, the Irrigation Department of the respondent began to place a big mati bund on the Hamil Kara and also at other nearby places in the beginning of January, 1957 as a result thereof the fisheries conce......t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ......41 of 1960) Judgment Mahmud Husain CJ.- This appeal by special leave by the plaintiffs arise of out a suit instituted for recovery of a sum of taka 1,08,127.00 as compensation for the loss, caused to them by Irrigation department of the respondent. 2. The appellants were lesse..Category: Civil Law | Date: | Hits: 89
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
.... within meaning of the Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. No. 16 of 1972) required the determination of disputed questions of facts, it could not be resolved on the affidavits filed by the parties. 2. Civil Petition No. 305 of 1977 arises from......xercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make the following Regulation:— 1. Short title.- This Regulation may be called the Abandoned Properties (Supplementary Provisions) Regulation, 1977. 2. Regulation......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ..Category: Constitutional Law | Date: | Hits: 307
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....ose out of Civil Petition No. 888 of 2002 filed against the judgment and order dated 15th and 16th April, 2002 of the High Court Division passed in Writ Petition No. 5981 of 2000 making the Rule absolute declaring section 8 of the Non-Cadre Class-I and II, Gazetted Officer (Customs Excise and VA......f the notification No. MF(ID) 1-3/77/522 dated 13 May 1978, it appears that the Implementation Division of Ministry of Finance provided that "1. The new National Grade and Scale of Pay will be called New National Scale of Pay without the No. 1 to XXI prefixed to them." whereby showing ......le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....ecides in the affirmative, decide the question of possible injury to public interest which may result from the disclosure of such document; (c) then call for the opinion of the Chief Justice so far as it relates to the writ petitioners………………&hellip......from scrutiny by the Court, the Court must give decision on the point. Only if the Court decides in the negative, then it may call for the documents. The Court must decide whether the documents are called for its inspection or for disclosure to the public. If it is called for inspection only, the......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ..Category: Constitutional Law | Date: | Hits: 124
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
.... Bird, at different ports and during the pendency of the above money suit the plaintiff, suppressing the filing of the above Money Suit No. 21 of 1993 in Bangladeshi which was pending, also filed Admiralty Suit No. 44 of 1994 in the Bombay High Court claiming from the defendant No. 2 t...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ......nt to India in connection with her voyage and due to above arrest MV Loyal Bird remained detained in India from 22-7-94 to 31-12-94 and consequently the defendant No. 2 sustained business and other loss amounting to Taka 4,15,27,204; in the above circumstances, the defendant No. 2, along wit..Category: Civil Law | Date: | Hits: 111
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....Taka 22,50,60,999 only to the appellant, Anti-Corruption Commission. On enquiry, the appellant, Anti-Corruption Commission found that he concealed wealth of Taka 3,22,11,637 only. On enquiry it was also found that as per Income Tax returns up to 2006, total income of Mir Md Nasiruddin, his wife Da......e appeals and trial etc. under the Emergency Powers Rules to avoid delay in the disposal and to ensure that the convicts do not run away on getting bail. 39. One of the Rules of interpretation is called mischief Rule which provides that "the office of the Judge is, to make such construction as w......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ..Category: Anti-Corruption Laws | Date: | Hits: 219
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
.... the absence of any proceeding pending in any subordinate Court or before the High Court Division, it cannot issue suo moto rule under section 561A of the Code of Criminal Procedure against any person………….(44) Offence not to be created by Court The H...... were also made with regard to the various activities which take place centering round Hartal and role of the law enforcing agencies. 7. The appellant submitted as to how and why Hartal is called and observed. He also submitted that Hartal has always been peaceful unless resisted by the ......concluded that there cannot be any right to call or enforce a "Bandh" which interferes with the exercise of the fundamental freedoms of other citizens, in addition to causing national loss in many ways." 31. In such view of the matter despite the restricti..Category: Criminal Law | Date: | Hits: 79
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
....lly or in other words there has been discrimination holding "when the advertisement was made qualification and experience for the respective grade was very much in the Rules of 1980 and was also very much in the advertisement and that the undenied position was that the writ-petitioner had n......the advertisement the writ petitioner, Respondent No.5 and others applied for being appointed as Engineer and Ship Surveyor and in due course the candidates whose applications found valid were called for interview, the Public Service Commission recommended Respondent No.5 for being&nbs......e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 79
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....eclaration that the order dated 26-1-1997 placing him under suspension is void and illegal and the notice dated 2-9-97 asking him to show cause as to why he shall not be dismissed from service is also void and illegal contending, inter alia, that he joined Rupali Bank, the defendant No.1/respond...... him, he replied to the same stating that he would not get fair trial; then the plaintiff, being compelled to believe that the defendant No.1, in order to dismiss him from service initiated the so-called departmental proceeding, had no other alternative but to file the suit. The defendants ......nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 120
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
....upon admitting girls in the newly established School in violation of the Regulations of the Secondary and Higher Secondary Education Board, that the Managing Committee of the School adopted resolution for directing the High School not to admit girls and the said resolution was sent to the D...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......aintiff has no arguable case and the balance of convenience and inconvenience is not in favour of the plaintiff and that the plaintiff has failed to establish that he would suffer irreparable loss in case injunction is not granted. On the aforesaid findings the trial Court rejected the pray..Category: Civil Law | Date: | Hits: 216
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