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Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)
....e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ......e committed an error of law occasioning failure of justice in coming to a finding that possession of the defendant- petitioner as well as Haran Chandra Das was adverse. 8. It is a settled principle of law that review is not a matter of rehearing the appeal and appeal is a matter of righ......, 1988, Order XXVI, rule 4 Review is not a matter of rehearing the Appeal as appeal is a matter of right but review is not. No new ground has been found and no new material has been placed before the Court requiring interference. The Petition having not been filed according to rule 4 of O......e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 71
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......obad Ali and also alleged that the appellant was denied the equal treatment violating Article 27 of the Constitution. 5. The respondents contested the case by taking a plea of limitation and principle of estoppel. 6. The Administrative Tribunal upon hearing the parties allow......Respondent No.1. Not represented—Respondent Nos. 2-4 Civil Appeal No. 353 of 2002. (From the judgment and order dated 14-8-2002 passed by this Division in Civil Petition for leave to Appeal No. 1290 of 2000). Judgment: ......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 103
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......espondent is not maintainable because it relates to condition of his service being a Government servant and thereafter, he argued that the learned Judges of the High Court Division misconstrued the principle as laid down in the decisions as referred to in the impugned judgment and thereby the lea......inistry of Establishment, is from the judgment and order dated 25th June 2003 passed by the High Court Division in Writ Petition No. 4134 of 2002 making the Rule absolute. 2. The short facts for disposal of the appeal are that, the respondent as Writ petitioner, AKM Enayetullah, filed the......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 69
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ......fendant, namely, the recipient of the deed, to prove that she executed and registered the same having independent advice and was fully aware about the contents of the deed following the principle of special onus of proof............not a single natural independent witness deposed that......r inadvertently typed Title Suit No. 417 of 1978) dismissing the same. The suit was filed seeking declaration that the Heba-bil-ewaz deed bearing No. 394 of 1989 executed on 5-2-1989 and presented for registration on 7-2-1989 in respect of the property described in the schedule attached to the p......the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......e case of Sunil Krishna Banik and others vs Kailash Chandra Saha and others reported in 36 DLR (AD) 220 (same case has also been reported in 1984 BLD (AD) 320). We are in full agreement with the principle of law: enunciated in the reported case, but the fact is that in the instant case the doc......pon setting aside the judgment and decree dated 29-8-1990 of the Court of District Judge, Gaibandha in Title Appeal No. 45 of 1988 whereby the appellate Court sent the suit back to the trial Court for disposal of the same in the light of the discussion and direction made in the judgment. The rev......in respect of the Heba-bil-ewaz deed) the High Court Division while reversing the judgment and decree of the lower appellate Court sending the suit back on remand to the trial Court for conclusive determination of the suit with reference to the said documents along with other documents which wer..Category: Property Law | Date: | Hits: 36
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......her adding paragraph 23 in the Fourth Schedule of the Constitution of the People's Republic of Bangladesh purporting to reserve 45 seats in the Parliament exclusively for women to be elected on the principles set forth by the Parliament whereas Civil Petition for Leave to Appeal No 708 of 2005 ari......oners (In Civil Petition No. 789 of 2005). AJ Mohammad Ali, Attorney-General, instructed by Ahsamullah Patwary, Advocate-on- Record —For the Respondents (In all the petitions). Civil Petition for Leave to Appeal Nos. 707, 708 and 789 of 2005. (From the judgment and order dated 20th May 20......election, section 7 appointment of returning officer and other sections for submission of nomination papers, scrutiny, withdrawal, declaration of final list of candidates, voting procedure, counting, determination of quota, declaration of result and other incidental procedures of proportional repres..Category: Constitutional Law | Date: | Hits: 221
Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
.... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......he writ petitioner by leave is against the judgment and order dated April 11, 2000 of a Division Bench of the High Court Division in Writ Petition No. 2417 of 1996. The High Court Division by the aforesaid judgment discharged the Rule obtained impugned order of compulsory retirement dated July 3......cribed time in the light of the provision of Regulation 43(8) of the Regulations i.e. proceeding was not concluded within 180 working days and, as such, the proceeding having came to an end without determination, punishment awarded on the basis of enquiry report in the aforesaid proceeding was il..Category: Employment/Service Law | Date: | Hits: 92
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....tions do have such a Preamble. Its Amendability is rigidly protected which can only be done by the people at a referendum. In Indian jurisdiction the contention that preamble should be regarded as "guiding star" has been repelled (See Gopalan vs. Stale of Madres 1950 S.C.R.88 (120,198). Nor it has......ic and social justice, which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in, the war for national independence, shall be the fundamental principles of the Constitution]; Further pledging that it shall be a fundamental aim of the Sta......ned Amendment has resulted in unrecognizable repugnancies to all other existing provisions of the Constitution related to it rendering the High Court Division virtually unworkable in its original form, and as such, it is void. The impugned Amendment will go off the Constitution and the old Artic......ioned in Article 110 (Sic) such question of public importance will have to be broken into seven parts so as to get seven opinions from seven Permanent Benches which is an absurd proposition. Such a determination by a particular bench will only have an effect on the region for which it has been ass..Category: Constitutional Law | Date: | Hits: 1934
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
.... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135...... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135......1988. The Premises Rent Control Ordinance, 1963 (XX of 1963), sections 2 (18), 18(5) and 19 The Transfer of Property Act, 1882 (IV of 1882), Section 111 (g) & 116 There is no provision of law for determining the tenancy on the ground of the tenant becoming undesirable unless the tenant comes......olding over under s. 116, T.P. Act, In "Satish Chandra v. Govardhan, AIR 1984, SC 143 and 'Burma Shell Oil v. Khawaja Midna Noor, AIR 1988, SC 1470, the Indian Supreme Court held the view that on the determination of a lease the tenant, if continues in possession with landlord's consent, becomes ten..Category: Property Law | Date: | Hits: 45
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......remarks cannot be taken into consideration in deciding promotion. If out of two or more grounds one is later found to be non-existent, irrelevant or bad then the decision becomes unsustainable on the principle that it is not known to what extent the bad ground influenced the forming of the decision......hairman, Dhaka Improvement Trust, D.I.T. Building, Dhaka & others.......Respondents Judgment November 20, 1988. Principle of natural justice A.C.Rs had been considered without previously informing the appellant of the adverse remarks against which he could make a representation. A little ......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131..Category: Employment/Service Law | Date: | Hits: 89
Samiruddin Ahmed alias Samir Mia alias Md. Samiruddin Vs. State, 1987, 16 CLC (AD)
....lowed. The impugned orders of conviction and sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ......lowed. The impugned orders of conviction and sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ......the question of possession without reference to the order of the Civil Court would be clearly untenable and unacceptable. If the appellant, was in possession in 1978 as found by the Civil Court, then for the purpose of the criminal case it was enough to hold that the prosecution evidence as to posse......property from a competent civil court is pending against Abdul Majid. The said order pre-supposes the appellant's possession of the case holding and so long the order of the Civil Court was there and determination of the question of possession without reference to the order of the Civil Court would ..Category: Criminal Law | Date: | Hits: 59
Iqbal @ Salim Vs. State, 1989, 18 CLC (AD)
....lant will continue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ......dent Judgment August 7, 1988. The Code of Criminal Procedure, 1898 (V of 1898), section 426 The order of payment of fine as a condition of getting bail is not sustainable in law or on the principle of reasonableness. The order is set-aside and the appeal is allowed. The appellant will co......in Criminal Appeal No. 723 of 1987 (Dhaka). 2. The appellant was convicted by the Divisional Special Judge, Rajshahi, by an order dated 16 September 1987 and sentenced to rigorous imprisonment for 5 years and also to fine of Tk. 90,000/-(ninety thousand), in default to rigorous imprisonment......lant will continue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ..Category: Criminal Law | Date: | Hits: 53
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ......on 42 The plaintiff-appellant do not have exclusive title over the entire suit land. On the contrary greater part of the suit land is in fact enemy and vested property. The plaintiff-appellant therefore is not entitled to a decree of declaration of title under section 42 of the specific relief act......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ..Category: Property Law | Date: | Hits: 75
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......not be taken subsequently and certainly not in appeal." 15. Mr. Ranadhir Sen hardly finds anything to dispute this proposition of law as to admissibility of a document, but he contends that this principle is not applicable to the case of a document which is per se inadmissible and that in the i......ot be admissible in evidence”….(12) Secondary evidence of a document is admissible in the cases specifically mentioned in s. 65 of the Evidence Act and if the original is not available, reason for non availability must be given…………………..(14) Though objection was not raised whe......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
.... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ......ants as prayed for by the plaintiffs. 6. Mr. T.H. Khan has contended that the facts of "Robert Watson & Co. v. Ram Chand Dutta" are quite distinguishable from that of the instant case and that the principle laid down in that case has been misconceived by the learned Single Judge. The learned Coun...... December 4, 1988. The Specific Relief Act, 1877 (I of 1877), section 56 A co-sharer in exclusive possession of a separate and well defined share, against another co-sharer who threatens the former with dispossession the former is entitled to retain possession. This question was rightly ans...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ..Category: Others | Date: | Hits: 106
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......ratively. By taking resort to extraordinary jurisdiction for a writ the High Court Division will be asked to enter into a territory which is beset with the disputed facts and certainly by wellsettled principles it is clear a writ court will not enter into such controversy. (ii) Under rule 70 rea......Government (Union Parishads) Ordinance, 1983 (LI of 1983), sections 24 and 29 The Union Parishads (Elections) Rules, 1983, Rule 70 (i) In a dispute the issue is to be raised and evidence adduced for adjudication by a competent Tribunal. This function has been given to the Election Tribunal and ......ow the procedure laid down in this Rule" while interpreting Rule 70 this must be kept in view. The learned Counsel submitted whether there will be fresh poll or not that is the essential question for determination by Returning Officer in Rule 29. Mr. Ahmed says Election means the poll and publicatio..Category: Election Law | Date: | Hits: 165
....the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
......pends as much upon a well-drafted Constitution as upon the caliber of the judge themselves'. (p-177).
12. While our Constitution recognises the supremacy of the Constitution, it lays fundamental principles of the State policy in Part-II although the principles cannot be judicially enforced. In ......esult:
The appeal fails.
The Constitution of the People’s Republic of Bangladesh, 1972
The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), section 7(2) (g)
The provision for disqualification of a member of the Union Parishad under section 7(2)(g) of the Union Parishad O......he State of Punjab, AIR 1963, SC 22, a particular bank, Patiala State Bank, was treated as a class by itself in the Patiala Recovery of State Dues Act, 1957. This Act provided a special procedure for determination of this bank's dues and recovery thereof—a procedure much harsher than that of all o..
Category: Election Law | Date: | Hits: 212
Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)
....instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25......om the ad-hoc promoted post of deputy secretary. Reversion to the original post is not necessarily always penal. A relief of temporary injunction cannot be granted just for the mere asking of it. The principle of exercise of discretion must be performed upon correct judicial principles, which has be......njee & another……………………………Respondents Judgment June 6, 1988 The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, rule 1. The plaintiff was reverted to the former post of Assistant Secretary from the ad-hoc promoted post of deputy secretary. Reversion to t......instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25..Category: Employment/Service Law | Date: | Hits: 89
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
.... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ......t be interfered with in second appeal. In explaining the scope of section 100 C.P.C this court in the case of Erfan Ali V. Joynal Abdein Mia, 1983 BLD (AD) 342 observed that in every case the general principle to be followed is that a finding of fact arrived at by the court of first appeal shall not......he C.P.C with finding of facts of the first court of appeal, if there is any error of law or procedure committed by the court below effecting merit of the decision. Misreading of evidence is a ground for interference, but misappreciation of evidence is not. High Court's power in second appeal does n...... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ..Category: Property Law | Date: | Hits: 46
Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Operative Union Ltd., 1985, 14 CLC (AD)
....t, therefore, this appeal is allowed and it "is remanded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ......t, therefore, this appeal is allowed and it "is remanded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ......rdinance No. XXIII of 1969), sections 36 and 36 (3) The Labour Court has the same process as are vested in the Magistrate, First Class, under the Code of Criminal Procedure but “for the purpose of appeal from the sentence passed by it, it shall deemed to be a Court of Sessions......abour Court Law there are three things which have been contemplated namely (a) Award, (b) decision (c) sentence for offence under the Ordinance. “Award” which has been defined means the determination by a Labour Court arbitrator or Appellate Tribunal of any industrial dispute or any m..Category: Labour and Industrial Law | Date: | Hits: 98
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