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Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....ion'." 8. By a notice dated 27 August 1987 the enquiry committee asked the plaintiff to give his reply to the charges within seven days. The plaintiff received the notice on 31 August 1987. On his prayer he was permitted on 15 September 1987 to examine the records. The plaintiff examined the reco...... Court Division, Dhaka in Civil Revision No. 954 of 1991). 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 ......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
Zahirul Islam and Abul Kalam Azad Vs. National Bank Limited and others , 1994, 23 CLC (AD)
....er 1991 defendant No. 9 filed a cross-objection under Order 41 rule 22 of the Code. In that appeal defendant No, 5 was not made a respondent. On 17 December 1991 the High Court Division allowed his prayer for being added as a respondent. On that date defendant No. 5 filed an application for treat....... Dr. M Zahir, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record (In CP No. 318193) - For the Respondent No. 1. Not Represented -Respondents. Civil Petition for Leave to Appeal Nos. 251 and 318 of 1993. (From the judgment and order dated April 20, 1......er Order 41, rule 22 of the Code of Civil Procedure. The cited case has got no relevance. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 110 ......er Order 41, rule 22 of the Code of Civil Procedure. The cited case has got no relevance. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 110 ..Category: Civil Law | Date: | Hits: 122
Syed A Jalil Vs. Mahbub Alam (Babul) and others, 1994, 23 CLC (AD)
....iled on 2 May 1992 no evidence could be recorded mainly because of the adjournments taken by respondent petitioner. Hearing of the case was to be held on 16 February 1993, but on this petitioner's prayer the hearing was first adjourned to 29.3.93 and then to 26.4.93. On the last mentioned occasi......l Alam, Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate-on Record - For the Respondent No. 1. Not represented -Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 2208 of 1993. (From the judgment and order dated 12.5.93 passe...... 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 ..Category: Election Law | Date: | Hits: 119
Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)
....passed by a Division Bench of the High Court Division in revision summarily rejecting his petition and refusing to interfere with the order of the learned Subordinate Judge, Moulvibazar rejecting his prayer for return of the plaint under Order 7 rule 10 of the Code of Civil Procedure in Money Suit N.......Respondent-Plaintiff Judgment January 18, 1994. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), section 20 & Or. VII r. 10 Cause of action for the suit arose from the stoppage of supply of tea to the plaintiff from the tea estate within th......t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ......t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ..Category: Procedural Law | Date: | Hits: 91
Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)
....gh Court were justified in granting temporary injunction during the pendency of the first appeal in the High Court Division, arising from a suit which was only for declaration of title without any prayer for consequential relief. 2. Facts are that Respondents 1, 2 and 20 filed OC Su......r whether the learned Judges of the High Court were justified in granting temporary injunction during the pendency of the first appeal in the High Court Division, arising from a suit which was only for declaration of title without any prayer for consequential relief. 2. Facts are tha......no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ......no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ..Category: Property Law | Date: | Hits: 61
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
....eing to his retirement or refusing his application as being not permissible under the law they said that he was released from service at his request. It is apparent that the petitioner did not make a prayer for release. So the release order whatever may have been intended by it by the Corporation sp......72 and the service of the respondent vested in the Corporation under said Order. The respondent was promoted to the post of Manager in the Corporation with effect from 8.12.1973 and sent to Australia for higher training in tourism and then to Japan and he successfully completed both the courses. Whi...... 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
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....es the petitioner to apply for relief (d) as follows: "(d). An order for payment of the loan or any other sum relating thereto" which the petitioner prayed for in prayer (b) of the plaint and the petitioner also prayed for payment of a higher amount if the excha......ment Mustafa Kamal J.- These two petitions were admitted for review of the judgment of this Court dated 28.3.84 passed in Civil Appeal Nos. 31 and 32 of 199......find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ......find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ..Category: Banking Law | Date: | Hits: 125
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....zur Rahman of her own accord. She is presently staying since 13.9.92 with her cider sister whose husband, Yunus, is also an accused in the case. The Chief Metropolitan Magistrate, Dhaka refused the prayer of the appellant for custody of his daughter and put her in the jimma of her elder sister by ......ted in: 46 DLR (AD) (1994) 10. ......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ..Category: Criminal Law | Date: | Hits: 68
Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)
....ptor respondents made an application for return of the original application on the ground that the Second Court of Subordinate Judge, Chittagong, had no territorial jurisdiction in the matter. The prayer was allowed by order dated 27-1-1992. Thereafter, by endorsement dated 2-2-1992 the original......isition and Tenancy Act, 1951 (XXVIII of 1951), Section 96 The Limitation Act, 1908 (IX of 1908), Section 14 With the presentation of the plaint in the proper Court the time consumed before the incompetent Court is excluded from the period of limitation under section 14 of the Limit......nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 68
Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)
.... plaintiffs and for 22 decimals of land in the name of the defendants and, in such view of the matter, the suit for declaration of title for 12(twelve) decimals is not maintainable without further prayer that SA record was wrongly prepared for 6 (six) decimals in the name of plaintiffs and 22 de...... Section 143 The Limitation Act, 1908 (IX of 1908), Section 120 Since possession of the plaintiff has been proved by oral evidence and otherwise, the suit is not barred by limitation for bringing the suit beyond six years from the publication of the S. A. record...(8) Lawye......tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ......tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 43
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....ndent company. In the meantime, the Agrani Bank filed Title Suit No. 8 of 1992 in the Court of the Subordinate Judge and Artha Rin Court No. 1, Dhaka against the company and the respondents with a prayer for recovery of its loan by sale of the properties of the company mortgaged to the Agrani Ba........Respondents Judgment February 1, 2003. The Companies Act, 1994 (XVIII of 1994), Section 233 The Company Court has been given jurisdiction to pass any order or orders for the purpose of protection of the interest of the minority Share holders under the provision of ......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)
....ments made in the aforesaid two writ petitions it cannot be said that the writ-petitioner has been able to make out any case for enforcement of the fundamental right regarding press freedom and no prayer has been made in these two writ petitions seeking enforcement of the fundamental right under......te with him) instructed by Aftab Hossain, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent No. 2. Civil Appeal Nos. 96-98 of 2004 with Civil Petition for Leave to Appeal No. 558 of 2004. (From the judgment and order dated 14-7-2003 passed b...... 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
Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)
....r declaration with consequential relief, the Court of Additional District Judge in dealing with the revision committed error of law in allowing the amendment of plaint and rejecting the prayer for rejection of the plaint on the erroneous view of removal of defect in the suit, inasmuch...... (I of 1877), Section 42 A plaint can be rejected under Order VII, rule 11 of the Code of Civil Procedure, if the defects mentioned in the petition are apparent on the face of the plaint. Before punishing the plaintiff under this provision the Court should carefully consider the nature o......above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ..Category: Civil Law | Date: | Hits: 91
Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)
....against the Ministry of Works and its Secretary, the respondent Nos.2 and 3 herein, and obtained ex parte decree. In the above suit the appellant, Bangladesh Bank, was not made a party. Then on the prayer of the respondent No. 1 in Money Execution Case No. 5 of 1979, the executing Court by order......, 2004. In cases of expenditures charged on the Consolidated Fund by Clause (e) of Article 88 of the Constitution, as in the present case, bill has to be introduced in Parliament to provide for appropriation out of the Consolidated Fund. The words "shall be regulated by an Act of Par...... the official(s) who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ...... the official(s) who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ..Category: Civil Law | Date: | Hits: 104
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
....disallowing the preemption case and his finding in that behalf warrants interference with, allowed the appeal and thereupon, upon setting aside the judgment and order of the trial Court allowed the prayer for preemption. 7. The Pre-emptee as against the judgment of the lower appellate Co......a Haider and others...............Respondents Judgment March 16, 2006. Reconveyance If the disputed land goes back to the original owner in pursuance of an agreement for reconveyance, the right of pre-emption is no longer available. But if reconveyance be a collus...... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ...... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ..Category: Property Law | Date: | Hits: 67
Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)
.... the pre-emptees are co-sharers of the holding in question by inheritance, by purchase as well as they are contiguous land owners of the holding in question. 5. The trial Court allowed the prayer for preemption on the finding that the pre-emptees were neither co-sharers by purchase or by......Division on independent consideration of the materials on record concurred with the finding of the lower appellate Court that the pre-emptees are the co-sharers of the holding by inheritance long before the dispensed sale. The pre-emptor is a co-sharer to the case holding by purchase. Prayer for ....... In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. ....... In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 70
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....n view of the later decision reported in 33 DLR (AD) 113 by which the Appellate Division, in fact, overruled its earlier decision and therefore, the High Court Division erred in law in allowing the prayer for preemption ignoring the special feature of the instant case that the ......to the pre-emptor during cross-examination in reply to the interrogatory served on him. Thus he was debarred from making such cross-examination regarding defect of parties and he was also debarred form raising the question of defect of parties at the stage of cross examination of the witness &he......im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ......im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 64
Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
....he Secretary, Election Commission to about 2,40,000 enumerates, 70,000 supervisors, 6235 assistant registration officers and 83 registration officers in pursuance of the impugned decision and also prayer for stay was made therein. 4. MA Jalil MP filed Writ Petition No.9180 of 2005 with s...... in the impugned case is likely to create doubt in the public mind about wisdom of some Judges of the Appellate Division lowering their high image and wisdom in the estimation of public at large. Before making such submission in writing the learned Counsel ought to have taken more care and cauti......Senior Member of the Bar and also as an Officer of this Court and we sound word of caution to him for the future. With the aforesaid observations, the Rule is disposed of. Ed. ......Senior Member of the Bar and also as an Officer of this Court and we sound word of caution to him for the future. With the aforesaid observations, the Rule is disposed of. Ed. ..Category: Election Law | Date: | Hits: 108
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
.... 1,000. It was also the contention of the pre-emptee that on the death of her husband Babor Ali as she has become the co-sharer of the holding land of which sought to be preempted and, as such, the prayer for pre-emption is liable to be rejected. 5. The trial Court dismissed the Miscella.......(27) The language of Section 89(44) and section 96(1) of the S. A. T Act is explicit, that notice is to be served on the co-sharer(s) of the holding on the date of presentation of the deed for registration and only such co-sharer(s) is competent or entitled to seek preemption…&hel...... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ...... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ..Category: Property Law | Date: | Hits: 55
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....er submitted that the High Court Division miserably failed to distinguish between grant of licence and allocation of frequency which called for separate applications and there being no application or prayer for grant of licence to establish or operate a telecommunication system or undertake any cons......ing "we hold that the Act of 2001 is applicable in respect of all the matters as mentioned in section 3 of the Act and the BTRC is the sole and exclusive authority to grant such license necessary for the purpose in the manner as provided in the Act and no separate licence from the Ministry o......ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ......ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ..Category: Information Technology Law | Date: | Hits: 266
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