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Md. Abdul Jabbar Vs. Governor, Bangladesh Bank and ors., 1998, 27 CLC (AD)
....e petition it could not be produced and therefore it could not have been shown that the plaintiff, among others, prayed for a decree allowing him to continue in his service of the Bank with entire financial benefits including wages, compensation, damage, rank etc. Mr. Bhuiyan also submits t......lary from the date of his dismissal to the date of his resumption of duty," be restored. There shall be no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 471. ......5 of 1995 whereby the leave petition was dismissed on 27 November 1995. 2. The plaintiff-appellant, an employee of the Bangladesh Bank, was dismissed from service by an order dated 5 October 1976. He brought Title Suit No. 487 of 1977 in the first court of Assistant Judge, Khulna cha......lary from the date of his dismissal to the date of his resumption of duty," be restored. There shall be no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 471. ..Category: Employment/Service Law | Date: | Hits: 83
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......hich is Act No. XVI of 1975 and it came into force on 14th day of March 1975. In section 4 of this Act it has been provided as follows: Effect of acquisition.- (1) All deeds, bonds, agreements, power of attorney, grants of legal representation and other instrument of whatever nature in relati...... M/s. Shahjhan Enterprise Ltd................................Appellant Vs. Meghna Petroleum Ltd. and others.......... .............Respondents Judgment April 22, 2001. Case Referred to: A.F.M. Kutubudowala Vs. Hafez Muhammad Sadeq, 11 DLR (SC) 401. Lawyers Involved: Khandk......n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455...Category: Tenancy Law | Date: | Hits: 149
Janata Bank Vs. Md. Mofazzal Hossain and others, 1997, 26 CLC (AD)
....accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ......ither in the application before the Administrative Appellate Tribunal. 4. The relevant provisions of regulation 28 of the Service Regulations are as follows: "(2) The power of awarding punishment to the employees shall vest in the competent authority: Pro......s held legally and the order of his dismissal was made by the competent authority as contemplated in regulation 28 of the Janata Bank Employees Service Regulations, 1981, hereinafter referred to as the Service Regulations. 2. The question arises in this way Respondent No. 1 who was p......accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
....ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ...... Judges of the High Court Division wrongly set aside the judgment and order of the court of settlement. He further submitted that the learned Judges of the High Court Division in exercise of their power under Article 102 of the Constitution fell in error of law in setting aside the order of the ...... 3. Md. Shajahan in his writ petition started that one Hasib Khan was a lessee in perpetuity under the Government on the basis of a lease deed dated 18.11.1968 and Hasib Khan sold the property to him on 9.1.1983 pursuant to an agreement for sale dated 22.3.1970 but the Government by a Gazett......ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ..Category: Property Law | Date: | Hits: 23
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....any error of law in setting aside the respective orders of retirement and thereby foisting upon the Corporation some of its employees whom the Corporation is unable to employ further owing to their financial constraints. 6. Mr. Md. Nurullah, learned Counsel appearing for the appellant......ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ......a circular dated 14.5.92 offered its officers/employees/workers voluntary retirement from service on payment of all dues and entitlements. The writ petitioners conveyed their willingness to retire from service if all their benefits/entitlements and arrear dues are paid in advance as of......ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ..Category: Employment/Service Law | Date: | Hits: 66
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......0. Mr. Mahbubey Alam, learned Additional Attorney-General in repelling the submissions of Mr. Huq, on the other hands, submitted that Sub-Article (2) of Article 7 of Bangladesh Passport Order, 1973 empowers the passport authority to impound a passport and in the instant case, the passport having bee......Chowdhury J Kazi Ebadul Hoque J Hussain Muhammad Ershad...........Appellant. Vs. Bangladesh and others. ...................Respondents. Judgment August 16, 2000. Cases Referred to- Government of Bangladesh Vs. Zeenat Hossain 1 BLC (AD) 89; State Vs. M. M. Rahmatullah; Satwa......are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70...Category: Constitutional Law | Date: | Hits: 208
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
....xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ......ddique Hossain was the owner of the suit property. He died leaving behind his wife, five sons and three daughters who possessed the same in ejmali as co-sharer tenants. The wife and sons executed a power of attorney in favour of Syed Amzad Hossain who is also a son of Syed Siddique Hossain. The ......in was the owner of the suit property. He died leaving behind his wife, five sons and three daughters who possessed the same in ejmali as co-sharer tenants. The wife and sons executed a power of attorney in favour of Syed Amzad Hossain who is also a son of Syed Siddique Hossain. The pre-emptor r......xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ..Category: Property Law | Date: | Hits: 35
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ......616 of 1969 of the Court of Munsif, Chuadanga is fraudulent, collusive and not binding upon the plaintiff. 2. Facts, in short, are that the land in suit belonged to Bishnupada and he granted power of Attorney to Danesh Mondal as regard the property in suit and the said attorney transferre......p;……………..Appellant Vs. Amin Hossin Mondal and others.....................Respondents Judgment January 17, 2005. Case Referred to: Safaruddin Vs. Fazlul Huq 49 DLR (AD) 151. Lawyers Involved: Md. Nawab Al......ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ..Category: Property Law | Date: | Hits: 37
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ......stion of facts and law. To strike out plaint at this stage, on any ground, as incompetent or fruitless litigation, is a dangerous step and such a measure should not be hastily resorted to. The power of rejection of a plaint under this rule shall be exercised only if the Court comes to the c...... of the Court of Senior Assistant Judge, Rajbari, rejecting the application filed under Order 7 Rule 11 of the Code of Civil Procedure. 2. The facts, in brief, are that the respondent Nos. 1 to 3 sold 1.15 acres of land by registered deed of sale dated April 27, 1983 for consideration......ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ..Category: Procedural Law | Date: | Hits: 75
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....e set aside and that of the District Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......cussed below. 6. For an application for revision under the Civil Procedure Code no period of limitation has been specifically prescribed, particularly when the Court may suo motu exercise this power in appropriate cases. But in view of the provision of Article 181 of the limitation Act relati......ection 14 of the Limitation Act for excluding the time that was spent in other proceedings in wrong forum. But the appellant being found negligent in prosecuting the other proceedings is not entitled to the benefit of section 14 of the Limitation Act. Remedy against the order of dismissal under......e set aside and that of the District Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184...Category: Procedural Law | Date: | Hits: 112
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
....rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ......nt case are quite distinguishable from those of the case of Benode Bepari Saha vs. Nitya Gopal Shaha, 33 DLR (AD) 131 in which this Appellate Division observed that in appropriate cases the Court got power to allow time to a petitioner to deposit the decretal amount or to furnish necessary bond beyo......udgment April 30, 1985. The Small Causes Act, 1877 (IX of 1887), section 17 (1) read with Order IX, rule 13 of the Code of Civil Procedure, 1908 (Act No. V of 1908) The appellant is found to have willfully neglected to comply with the provision of section 17 (regarding deposit of the due......rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ..Category: Tenancy Law | Date: | Hits: 159
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......hman Sikder and others...............Petitioners Vs. Mujibur Rahman Sikder and others...................Respondents Judgment April 18, 1983. Result: The Appellate Division has the power to review its judgment acting suo motu. The Constitution of the People’s Republic of Bang......ikder and others...............Petitioners Vs. Mujibur Rahman Sikder and others...................Respondents Judgment April 18, 1983. Result: The Appellate Division has the power to review its judgment acting suo motu. The Constitution of the People’s Republic of Bangladesh...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ..Category: Constitutional Law | Date: | Hits: 149
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ......ble offence. Section 155(2) Cr P.C. as under: "No police- officer shall investigate a non-cognizable case without the order of a Magistrate of the first class or second class having power to try such case or commit the same for trial or of a presidency Magistrate". Section 22......il 9, 1985. The Drug Control Ordinance, 1982 (Ordinance No. VIII of 1982), section 22, clauses (b) and (c) Offences which fall within the ambit of the Drug Control Ordinance, 1982 are to be tried by the Special Tribunal set up under the Ordinance. A Court of Magistrate is incompete......Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ..Category: Criminal Law | Date: | Hits: 59
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ......Diesel & Petrol and his own cost and risk for regular supply and for any dislocation or short supply the supplier shall be responsible and necessary penalty will be imposed as per discretionary power of the Executive Engineer. 11 to 17...... Sd/- Illegible Executive Engineer (RH......hy;cord—For the Appellant. Maksum-ul Hakim, Senior Advocate, instructed by Abul Quasem Bhuiyan, Advocate-on-Record—For the Respondent No. 1. A.Y.Salehuzzaman, Deputy Attorney General, M.R.Khan, Advocate-on-Record-For the Respondent Nos. 2 and 3. Civil Appeal N......quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ..Category: Others | Date: | Hits: 84
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371....... by the then Dhaka Improvement Trust (DIT, now RAJUK) on June 23, 1964 by a registered deed of lease. Mr. Wali Mohammad appointed his brother Abdul Rahman, (Respondent No. 4) attorney by a registered power of Attorney of March 31, 1970 with the authority to construct a building in the said plot as w...... others 47 DLR (AD) 71; Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh 31 DLR (AD) 266; ICI (Bangladesh) Ltd. Vs. M/S G. K. Brothers 36 DLR 114. Lawyers Involved: AJ Mohammad Ali, Additional-Attorney-General (Firoz Shaha, Assistant-Attorney-General and Naima Haider, Assistant Attorney General...... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371...Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....ince 1-3-94 "yet they are illegally drawing salary, enjoying house facility, daily allowance, different allowances, car facilities, telephone facilities and other benefits and thereby causing financial loss to the people and the Republic of Bangladesh illegally and unjustly", that the ......High Court Division noted the contentions of the respondents, inter alia, that the direction so issued in terms of the Rule is not tenable as the said Rule would interfere with the functions, powers, privilege and remuneration of the Parliament as well as of the members, that prayer ma...... or non-participation by a member of Parliament in any Parliamentary proceedings and making deliberation in Parliament is his personal matter. Therefore the High Court cannot compel the respondents to attend sessions of Parliament and perform their constitutional duties………&he......e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ..Category: Constitutional Law | Date: | Hits: 147
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....Judgment of the High Court Division was passed on 8 July 1980. 2. Appellant, a statutory body constituted under House Building Corporation Act, 1952 was created for the purpose of providing financial facilities for construction of houses in cities and towns by granting loans on secur......bsp; 22. As during the bearing of the appeal the main contention centered round the scope of exercise of power by the Income-tax Officer under section 13 of the Income-tax Act, only a brief reference may ......and United Provinces (1935) 3 ITR 140; M/s. Ram Kumar Kedar Nath V. Commissioner of Income-tax, Bombay (1937) 5 ITR, 361. The appellant Corporation like any other assessee cannot be charged to income-tax on any income, profits or gains which has not been actually received by it…&he......rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ..Category: Fiscal/Taxation Law | Date: | Hits: 102
State Vs. Abul Kashem, 1985, 14 CLC (AD)
.... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ......lice Ordinance, 1978 (48 of 1978) Section 79 The Code of Criminal Procedure, 1898 (V of 1898) Section 33(1) It is clearly found that all Courts including the Court of a Magistrate got power to direct recovery of fine, when the offence is punishable only with fine, by any of the thre......rdinance, 1978 (48 of 1978) Section 79 The Code of Criminal Procedure, 1898 (V of 1898) Section 33(1) It is clearly found that all Courts including the Court of a Magistrate got power to direct recovery of fine, when the offence is punishable only with fine, by any of the three meth...... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ..Category: Criminal Law | Date: | Hits: 39
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
.... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ...... - Per Shahabuddin Ahmed J.………..(21) “It was held by the Supreme Court of Pakistan that the legislature which is competent to make a law has full and plenary power to legislate retrospectively and prospectively.” Hamoodur Rahman CJ. - Per Sha...... ATM Masud J Syed Md. Mohsen Ali J Shafiqur Rahman.............Appellant Vs. Idris Ali……………...Respondent Judgment October 31, 1983. The State Acquisition and Tenancy Act, 1951 (Act XXVIII of 1951); Sections 9...... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ..Category: Others | Date: | Hits: 86
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
...., the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ......laintiffs proposed exchange of their properties in Calcutta, India with those of Abdul Malek and accordingly delivered their title deeds and khatians to Abdul Malek and asked him to prepare a power of attorney in his favour. Abdul Malek got the deed prepared which was signed and executed by......espondents Judgment July 29, 1984. The Code of Civil Procedure, 1908 (Act V of 1908) Order 6, rule 17 Since the relief prayed for in the amendment petition appears to follow from the declaration prayed for in the plaint, the contention that there was no question ......, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ..Category: Property Law | Date: | Hits: 38
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