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Dr M A Mazed & ors. Vs. Bangladesh represented by the Solicitor, 2004, 33 CLC (AD)
....ivision from an original order of acquittal passed by any Court of Session but under sub‑section 3 thereof no appeal from an order of acquittal is entertainable by the High Court Division after expiry of 60 days from the date of an order of acquittal and the special limitation under section 41......llip;(9 & 10) Lawyers Involved: KZ Alam, Senior Advocate, instructed by Md Ahsanullah Patwary, Advocate‑on‑Record‑For the Appellants. Ex-parte-For the Respondent. Criminal Appeal No. 3 of 2002. (From the judgment an......ackground of the discussions made hereinbefore we find no merit in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 164. ..Category: Procedural Law | Date: 10 Dec, 2003 | Hits: 108
....ded with effect from 29‑21992. Thereafter, charge‑sheet was submitted with an intimation that an enquiry committee was formed and she was directed to show cause in respect of the charges and to explain her conduct within 15 (fifteen) days. The plaintiff respondent accordingly, submitted her ex......r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages.
Ed.
This Case is also Reported in:
......d revisional application.
6. Leave was granted on two counts, one is that the suit was not maintainable having no cause of action as a review application filed by the respondent No. 1 against her dismissal order was pending before the Intermediate and Secondary Education Board, Dhaka. The other ..
Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209
Bangladesh Vs. Dr. Md. Tofajjal Hossain, 2006, 35 CLC (AD)
....ase was maintainable, the appeal is liable to be dismissed. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 59. ......ase was maintainable, the appeal is liable to be dismissed. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 59. ......ka on 28.9.1997 for setting aside an order dated 8.7.1997 of the Joint Secretary (Administrative) Ministry of Shipping, dismissing him from service. The Administrative Tribunal set aside the order of dismissal. Then the above appeal was preferred before the Administrative Appellate Tribunal. The que..Category: Administrative Law | Date: 10 Nov, 2003 | Hits: 164
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....ourt and another....... Respondents Judgment November 4, 2003. The Employment of Labour (Standing Order) Act, 1965 (VIII of 1965), Section 25 Whether in exercise of power of certiorari High Court Division can send a case to the court or Tribunal below ......vocate‑on‑Record‑ For the Appellants. Mahbubul Haque, Advocate, instructed by Ahsanullah Patwary Advocate‑on‑Record‑For Respondent No. 2. Ex parte‑ Respondent No. 1. Civil Appeal No. 128 of 1998. (From the judgment ...... the finding of guilt without any enquiry is an error of law. 9. The Labour Court disposed of the case ex parte by order dated 20-12-1993 without any finding as to whether the order of dismissal was passed in accordance with law. The High Court Division, however, making the Rule abs..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....ishna Mondal sold 1.98 acres of land out of his share to Abdur Rahman and Torap Ali Dewan and delivered possession to them. Torap Ali Dewan sold 0.33 acre of land to Mofazzal and his wife and they exchanged the same with the plaintiffs. Joy Gopal Mondal died leaving 2 sons, Kartik Mondal and Gon...... 2. Khander Mostafa Selim Husan, Advocate, (appeared with the leave of the Court) instructed by NH Khandker, Advocate‑on‑Record‑ For Respondent No. 6. Ex‑parte‑ Respondent Nos. 3‑5. Civil Appeal No. 29 of 1997. (From the J......; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
.... that the petitioner committed breach of contract in failing to pay up the balance consideration money by 25.2.85 and such error led to an erroneous decision occasioning failure of justice. He next submits that the petitioner being in possession of the suit property in part performance of the ......tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ......tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....Suit property was requisitioned and acquired for Dhaka Improvement Trust (For short D.I.T.) now Rajdhani Unnayan Katripakkya (briefly RAJUK) under Land Acquisition Case No.3 of 1963-64. D.I.T. having exercised right and ownership granted lease in respect of 35 Bighas 2 Kathas and 2 Chattaks of prope......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ......make Plaintiff out of court and the substance and not the form of suit was required to be gone into by learned Judge and amendment sought by Plaintiff in this respect was refused by learned Judge and dismissal of suit on question of legal character of Plaintiff Bank is absolutely illegal and decisio..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
....r favour contending, inter alia, that the property described in the schedule of the plaint originally belonged to the Government of Bangladesh and was allotted to the husband of the plaintiff No.1 by executing a registered deed of lease in perpetuity. The husband of plaintiff No.1, gifted the proper....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......ection 106 of the TP Act was not a legal one as it was served before the expiry of the lease period. The oral gift by the plaintiff No.1 in favour of plaintiff Nos.2 and 3 is not legal and prayed for dismissal of the suit. 5. The trial Court examined 2 witnesses on behalf of the plaintiffs and ..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Abdul Kader Rabbani and others Vs. Ebaruddin and others, 2003,32 CLC (HCD)
.... 'ka' schedule land against the predecessor-in-interest of the opposite party Nos.1‑13 and other defendants. The suit was decreed on contest with costs against the contesting defendants and ex parte against the rest and the title of the plaintiffs to the disputed land was declared and it w......39;ka' schedule land against the predecessor-in-interest of the opposite party Nos.1‑13 and other defendants. The suit was decreed on contest with costs against the contesting defendants and ex parte against the rest and the title of the plaintiffs to the disputed land was declared and it was ......ance with law and in the light of the observation made in the body of the judgment. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 307. ..Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....same to all the respondents of the aforesaid writ petition on different dates and the present contemner No.1 was served with that order on 28.8.2001 through courier service as it appears vide Annexure 'C' to the contempt petition. It is, therefore, contended in this application that the......espondents to take certain steps to redress the grievance of the petitioner of the Writ Petition. Admittedly that order was passed by the said Writ Bench without hearing the respondents. It was an ex parte order passed at the time of admission hearing. Thus the question that arises in this case is t......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
....tered into a contract for sale of the suit property on 12.9.1979 receiving an earnest money of Tk. 30,000/- out of a total consideration of Tk. 1,50,000/- and when respondent No. 8 tried to avoid execution and registration of the sale deed the appellants had to file the aforesaid suit. 3.......atement denied the contract with the appellants stating that the alleged Bainapatra dated 12.9.1970 is false, ante-dated and fraudulently created. 5. Title Suit No. 27 of 1976 was decreed ex parte on 5.1.1985 and the Kabala was executed and registered through the Court. The respondent Nos...... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
Khandaker Abdul Hannan Vs. Sayara Begum, and anr., 2004, 33 CLC (AD)
....rdinance, 1961 (V111 of 1961) Section 6(5) Offence under section 6(5) is not compoundable. However the appeal may be dismissed on prayer of the appellant by reducing the sentence to the extent of period of imprisonment already served. Lawyers Involved: Kazi S......cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond. Ed. ......n though the appellant and the respondent No. 1 have arrived at a compromise, but for that the appellant cannot be acquitted upon allowing the appeal. In that situation, learned Counsel prayed for dismissal of the appeal upon reduction of the sentence to the extent of the period already served o..Category: Criminal Law | Date: 22 Apr, 2003 | Hits: 78
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
....hin 15 days. The convict respondents having failed to meet the demand, the complainant petitioner filed the Complaint Case No. 882 of 2001 before the Court of Chief Metropolitan Magistrate, Dhaka who examined the complainant petitioner under section 200 of the Code of Criminal Procedure and took cog...... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ......bad in law and under misapprehension of the alleged prejudice to the accused respondent. 6. Because the convicted respondent having not surrendered in court or to any other authority after dismissal of the appeal, this revision petition was not entertainable/ maintainable and because of f..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....the minority at a valuation is in conformity with the law. ……………….(16 & 19) Cases Referred to- Nafisa Chowdhury vs United Food Complex 53 DLR 81 and Syed Al Nesar Ahmed vs Nafiza Chowdhury 53 DLR (AD) 83. Lawyers Involved: ......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ......lac. Mr. Ashraf Ahmed was not provided with or given access to the company's books and records to verify the authenticity of the draft accounts. His insistence on getting access to them led to his dismissal as the Executive Director in 1987. 5. After the dismissal of Ashraf Ahmed as ..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Md. Ashequr Rahman Vs. Bangladesh Agricultural Research Institute, 2003, 32 CLC (AD)
....hereupon he was warned by the memo dated May 25, 1992 but there was no charge in his behavior, (c) that inspite of repeated direction to appear before the Medical Board of Barisal Medical College for examination of his health but he refrained from appearing before the Medical Board. The appellant wa....... In the show cause notice it was mentioned that in case of his failure to reply to the show cause notice and to communicate as to whether he would like to be heard the matter would be disposed of ex parte. 3. The appellant replied to the show cause notice asserting that whatever he did the same......uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ..Category: Employment/Service Law | Date: 2 Feb, 2003 | Hits: 92
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
....d appearance and filed application seeking adjournment for filing written statement. The said defendant filed written statement. Examination of witnesses from the side of the plaintiff was closed and examination‑in‑chief of DW 1 was held in part. At that stage of hearing of the suit the ......9;on‑Record‑For the Appellant, MA Samad, Senior Advocate, instructed by Firoz Shah, Advocate‑on‑Record‑For Respondent No. 4. Ex parte‑Respondent Nos. 1‑3 Civil Appeal No. 125 of 2001. &nbs...... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
Pannu Mollah & anr. Vs. State, 2004, 33 CLC (AD)
....llant along with others under section 19(a) and (f) of the Arms Act. The case came up for trial before the Court of Additional Sessions Judge and Special Tribunal No. 1, Jhenaidah and the prosecution examined 10 PWs but none was examined on behalf of defence. 4. The Special Tribunal upo......(8) Lawyers Involved: Md. Abdul Malek Senior Advocate, instructed by Md Nowab Ali, Advocate‑on‑Record‑For the Appellants. Ex parte‑The Respondent‑State. Criminal Appeal No. 26 of 2001. ......ssed in Special Tribunal Case No. 100 of 1996 is quashed insofar as the same relates to the appellants. The appellants are set at liberty if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: 3 Jan, 2003 | Hits: 84
Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).
....bsp; KM Hasan J.- These appeals are taken up together and disposed of by this judgment as the facts and law points involved are similar, except that no charge was framed against the accused respondents in Criminal Appeal Nos. 12, 21 and......aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ......aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ..Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
....rst Court, Rangpur and registered as Miscellaneous (Arbitration) Suit No. 42 of 1993. There was no appearance from the side of Bangladesh Railway. Resultantly, the learned Subordinate Judge passed an ex parte decree on 21 August 1996 making the award 4, Rule of the Court directing payment of the due...... Court, Rangpur and registered as Miscellaneous (Arbitration) Suit No. 42 of 1993. There was no appearance from the side of Bangladesh Railway. Resultantly, the learned Subordinate Judge passed an ex parte decree on 21 August 1996 making the award 4, Rule of the Court directing payment of the dues t......as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
....said order the defendant-petitioner obtained this Rule. 7. Mr. Md. Ibrahim Mollah, the learned Advocate appearing on behalf of the defendant petitioner, placed the revisional application, the annexures, and the impugned order. The learned Advocate for the petitioner submitted that on the self-S...... of 1998 for restoration of the earlier suit having been dismissed for non-compliance of the Courts order for payment of cost; and the plaintiff having not taken any step further against that ex parte dismissal order as well as the order passed in Miscellaneous Case No.46 of 1998, the present s......98 for restoration of the earlier suit having been dismissed for non-compliance of the Courts order for payment of cost; and the plaintiff having not taken any step further against that ex parte dismissal order as well as the order passed in Miscellaneous Case No.46 of 1998, the present suit on..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
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