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Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
.... the principle of 'hear the other side.' It is also silent as to duty to act judicially. From the nature of the subject matter, resolving a doubt, from the nature of wide powers with no provision for post‑decisional appeal or revision and from the nature of the right to be affected by the decision......nderstood in the narrow sense of earlier times as an inhabitant of a city or a freeman having a family in a city or as the representative of a city in parliament. By citizen we mean a person who is a member of an independent political community having rights and obligations under the Constitution an......lusive that such person is a citizen of the United States." 36. The learned Attorney‑General has drawn our attention to the following observation made in that majority decision: Izhar Ahmed Vs. Union of India AIR 1962 (SC) 1052 (1065): "Now, it is not disputed that according to the laws pr......2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)
....ed the aforesaid Writ Petition, calling in question the instruction of the Government dated 14.2.90 asking the Inspector General of Registration, Respondent No. 3, to fill up the 475 newly created posts of permanent Muharrirs in the officer of the Sub-Registrars from among the Extra Muharrirs on...... of the Constitution. 9. Lastly, having regard to the fact that the petitioners filed the Writ Petition as office‑bearers of the TC Karmachari Samity for protecting the interest of its members and, further, all the parties who are likely to be affected by the result in the Writ Petit......nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ......nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ..Category: Employment/Service Law | Date: | Hits: 66
Ansaruddin Ahmed Vs. Senior Assistant Judge and Election Tribunal, Barguna & ors, 1994, 23 CLC (AD)
....ecounting the ballots, the High Court Division rightly discharged the Rules Nisi. 7. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 181 ......ecounting the ballots, the High Court Division rightly discharged the Rules Nisi. 7. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 181 ......p; MH Rahman J.- The petitioner in CP No. 194 of 1993 Ansaruddin Ahmed secured highest number of votes in the election of Chairman of No. 1 Raihanpur Union Parishad PS Patharghata, District Barguna, trailed, by only 9 votes by respondent No. 2 AKM K......p; MH Rahman J.- The petitioner in CP No. 194 of 1993 Ansaruddin Ahmed secured highest number of votes in the election of Chairman of No. 1 Raihanpur Union Parishad PS Patharghata, District Barguna, trailed, by only 9 votes by respondent No. 2 AKM Khalilu..Category: Election Law | Date: | Hits: 120
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ......terms of any endowment or trust or any other bodies, such as, missionary or educational Societies, cantonments, railways, municipalities and other bodies corporate, shall consist of the following members namely- ………………………………………………………………………......e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ......e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ..Category: Property Law | Date: | Hits: 86
Suchitra Kumar Das Vs. Sree Indu Bhushan Sarker, 1994, 23 CLC (AD)
....ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ......ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ...... against the judgment and order passed by the High Court Division in Second Miscellaneous Appeal No. 9 of 1973 on July 30, 1979. 2. The respondent filed a case before the Chairman, Kalibari Union Committee, Barisal against the appellant and another for arrears of house rent and obtained a......ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ..Category: Property Law | Date: | Hits: 70
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....ames of its Chairman and elected members are notified in the Official Gazette, as may be appointed by the Government." 19. The proviso to sub‑section (1) of section 6 clearly postulates that the outgoing Union Parishad may have to continue functioning upto a maximum period ......he same office on 22.1.92 but lost to the appellant Md. Abdul Mannan alias Manu by a narrow margin. Besides, respondent Nos. 5‑13(both in the Writ petition and in this appeal) were elected as members thereof in the same election. The names of those elected persons were published in the Off......t No. 4 in the writ petition, is the appellant before us. 2. It was the case of the writ petitioner Md. Sajedul Hoque (respondent No. 1 herein) that he was elected as the Chairman of Dapunia Union Parishad, Pabna Sadar Upazila, in 1988 and contested the same election for the same office on......4 in the writ petition, is the appellant before us. 2. It was the case of the writ petitioner Md. Sajedul Hoque (respondent No. 1 herein) that he was elected as the Chairman of Dapunia Union Parishad, Pabna Sadar Upazila, in 1988 and contested the same election for the same office on 22.1...Category: Election Law | Date: | Hits: 136
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
..... Judgment MH Rahman J.- Respondent No. 1 instituted Title Suit No. 122 of 1987 in the Court of Assistant Judge, Fourth Court, Dhaka for a declaration that the order dismissing him from the post of Headmaster of the Post Office High School, Motijheel, Dhaka‑2 was illegal and not binding ......er, and ultimately on 14 January 1987 the locked almirahs of the Headmaster's office were opened in presence of a First Class Magistrate and other witnesses. An enquiry committee was set up with four members. The report of the enquiry committee revealed that the plaintiff misappropriated from the sc......t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ......t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ..Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ..Category: Constitutional Law | Date: | Hits: 174
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....iod of 11 months with effect from 1.12.83 to 31.10.84 on a monthly rent of Taka 800.00, the option of renewal being with the landlord. On 1.10.84 the landlord respondent sent a notice by registered post with AD through his lawyer stating that lease shall not be renewed and in the appellant fails t......he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ......he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ......he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ..Category: Tenancy Law | Date: | Hits: 87
Syed A Jalil Vs. Mahbub Alam (Babul) and others, 1994, 23 CLC (AD)
.... of competent witnesses including the Presiding Officers concerned should be recorded. With these observations this petition is dismissed. This case is also reported in: 46 DLR (AD) (1994) 96 ...... of competent witnesses including the Presiding Officers concerned should be recorded. With these observations this petition is dismissed. This case is also reported in: 46 DLR (AD) (1994) 96 ......ion No. 749 of 1993). Judgment: Shahabuddin Ahmed CJ.- Petitioner is an elected Chairman of Bauphal Union Parishad, Patuakhali. His election, which was held in January 1992, was challenged by a conte....... 749 of 1993). Judgment: Shahabuddin Ahmed CJ.- Petitioner is an elected Chairman of Bauphal Union Parishad, Patuakhali. His election, which was held in January 1992, was challenged by a contesting ..Category: Election Law | Date: | Hits: 119
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....Finally, the Tribunal by its judgment and order dated 22.10.91 allowed the application in part, set aside the impugned order of dismissal and substituted the said punishment with reduction to a lower post by directing that the respondent be demoted to the post which he had held before being promoted......f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ......f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ......f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ..Category: Administrative Law | Date: | Hits: 143
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
.... may possibly govern a case, the one more general and the other more particular and specific, the latter provision ought to be adopted. 31. In this connection we may refer to the maxim leges posteriors priors contrarious aborgant (i.e. provision of a subsequent law always takes precedence......er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......contrary in the(same) statute itself. (Valdeo Singh Vs. State, AIR 1951 Madha Bharat 149), Vithaeji Madharji Vs. IT Commissioner ' AIR 1948 (Mad), 353, Bhana Mekan Vs. Emperor, AIR 1936 (Bom) 256; Union Insurance Society Vs. Md. Karam Elahi Khan, AIR 1934 Peswar 37; Ramnath vs King, Emperor, AIR......er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ..Category: Criminal Law | Date: | Hits: 76
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ......ndian Jurisdiction in which interest for any period prior to the date of reference to the Arbitrator was refused on principles which should be applicable to suits before the court. Shet Thawardas Vs. Union of India, AIR 1955 (SC) 468 and Exc. Engineer, Irrigation Vs. A Jena, AIR 1988 (SC) 1520 are t......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ..Category: Business or Commercial Law | Date: | Hits: 128
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
....petition No.1990, inter alia, averred that while working as a Journalist in the Pakistan Observer (nor Bangladesh Observer) he was selected by the Central Public Service Commission of Pakistan to the post of Assistant Director in the Department of Tourism, Government of Pakistan and he joined in the...... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ...... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ...... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ..Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
....fs of Staff of the Defence Service (Tenure of Appointment) Order, 1981, passed by the President under clause (2) of Article 62(2) of the Constitution. The Chief of the Naval Staff is a constitutional post in the service of the Republic of Bangladesh as per provisions in Articles 61, and 62(1)(c) rea...... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43....... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43....... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43...Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....ded that if the PSC failed 10 recommend regularisation within eight months from receipt of a request from Government for regularisation, then regular increments in the scale of pay sanctioned for the post may be allowed; but in no case the period of the appointment should exceed two years. 8. Lea......ing Public Works, Composition and Cadre Rules, 1980 is referred to in this judgment. Rule 3 thereof describes the constitution of the Service; sub‑rule (2) includes three Classes of persons who are members of the Service. Sub‑rule 2(a) includes persons who were members of the erstwhile Pakistan ......In Civil Appeal No. 48 of 1992) Md. Nabinoor Islam Khan and anr …….Respondents (In Civil Appeal No. 49 of 1992) Judgment October 28, 1993. Cases Referred to- Narendra Chadda Vs. Union of India, AIR 1986 (SC) 638; Asoke Gulati Vs. BS Jain, AIR 1987 (SC) 424 ; PD Agarwal and anot......e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ..Category: Employment/Service Law | Date: | Hits: 97
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....hose cases the impugned terminations of service were held to be punishment without giving show cause notice. In the case of Abdul Majid Vs. Mushafee Ahmed, 17 DLR (SC) 63 the appellant held a civil post in the Ministry of Defence; his service was terminated by two months' notice in terms of the o......unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ...... Ali Vs. Bangladesh Bank 31 DLR (AD) 298; Abdul Majid Vs. Mushafee Ahmed 17 DLR (SC) 63; Gholam. Sarwar Vs. Pakistan PLD (1962) SC 142; Dr Nurul Islam Vs. Bangladesh 33 DLR (AD) 201; PL Dhingra Vs. Union of India AIR 1958 (SC) 36 & BSI Corporation Vs. Mahbub Hussain 29 DLR (SC) 41; West Beng......unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....ecause, they, more than us, will reap the grim consequences of our failure to act on the programmes which are needed now if we are to prevent disaster later. An onerous obligation which we owe to posterity is clean air, clean water, greenery and open spaces. These ought to be elevated to the s......t and order dated 6-2-2000 passed by the High Court Division in Writ Petition No. 937 of 1995 discharging the Rule and vacating the order of injunction issued therein. 2. The petitioner, a member of central reorganising committee of Jatiya Samajtantric Dal (JSD) having its office at 35-3......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ..Category: Environmental Law | Date: | Hits: 293
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ......aking profit but the Managing Director and the majority shareholders were telling that the company was running at a loss and it did not disclose any dividend and even the minority members were not allowed any access to the account of the company and a salish was held on 18th Aug......ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ......ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 86
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
....ome infructuous and as such the Court was reluctant to examine and decide the question whether in view of the provisions of Article 147 (3) of the Constitution with its proviso, the holding of the post of Executive Director by the appellant after he became a Minister was violative of the Constit......ises between their private interest and public duties. In reply Mr. Huq submits that proviso to Article 56(2) of the Constitution has allowed technocrats to be appointed as Ministers without being members of the Parliament. This is not unconstitutional though may appear to be undemocratic. So, a...... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ...... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ..Category: Civil Law | Date: | Hits: 103
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