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Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)
.... made and the actions have been taken strictly according to law and the further submission that there being excess of staff in TCB and the writ petitioners services being considered unnecessary, the impugned orders have been passed with full financial benefits to them and as ...... dated 18.09.2002 of the Ministry of Commerce, Government of Bangladesh issued under the signature of the writ respondent No.4 and communicated to the writ petitioners on 19.09.2002 (Annexure-A) informed them that they have discharged from their employment with T.C.B effective from various dates..Category: Labour and Industrial Law | Date: | Hits: 80
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....istrict Judge, by judgment and decree dated 20.6.87 reversed the aforesaid decision and decreed the suit in terms of prayer (b)(c) and (d). As to prayer (a) he agreed with the trial Court that it was unnecessary and held further that it was also barred by res judicata. The learned Additional Distric......wer apÂpellate Court. 2. The matter arises out of an acquisition proÂceeding of 1959-60 requisitioning and then acquiring large areas of land in mouza Khilgaon, presently within P.S. Motijjheel, for the Railway Board. PlainÂtiff-respondents' 6.4650 acres of land had also been acquired and incl..Category: Property Law | Date: | Hits: 38
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....precludes further investigation in respect of any offence at any stage even after submission of police report i.e. charge-sheet in the instant case, and, as such, the petition before this court is unnecessary. 18. Mr Abdus Sobhan learned Counsel appearing for the respondent No. 2, Abdul Q......vocate-on-Record— For Respondent No.1. Abdus Sobhan, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- Record —For Respondent No. 2. Criminal Petition for Leave to Appeal No. 100 of 2006. (From the judgment and order dated 21-11-2005 passed by..Category: Criminal Law | Date: | Hits: 43
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....edless to pursue this topic further although Mr. Asrarul Hossain offered his services to negative the contentions of the Attorney-General that the ParliaÂment is omnipotent. A court will not go into unnecessary academic matters for deciding a hypothetical question. Our Constitution is a written......ned Amendment has resulted in unrecognizable repugnancies to all other exÂisting provisions of the Constitution related to it rendering the High Court Division virÂtually unworkable in its original form, and as such, it is void. The impugned Amendment will go off the Constitution and the old Artic..Category: Constitutional Law | Date: | Hits: 1934
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
....pugned judgment is devoted to the consideration of the defendant's weakness (as to his dakhilas, rejection of objection under section 19 (1) of the State Acquisition and Tenancy Act) which was wholly unnecessary as the same did not prove or strengthen the plaintiff case. The learned judge found faul......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..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....rawn to the omission while he was on dock. Moreover, the petition Ext. A, was intended to procure arrest of only the absconding Accused after charge-sheet was submitted, and as such it was totally unnecessary to mention the names of all the charge-sheeted accused therein. This petition had nothi......mong other things, that then participation in the incident of arson and rioting being doubtful they should have been given benefit of doubt by the Courts below. This order is now under challenge before us. 3. The prosecution case originated from an incident which took place on 4 March, 1..Category: Criminal Law | Date: | Hits: 66
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....ded that nothing is this section shall affect the rights of transferee for consideration who has no notice of the contract or of the part performance therefore.” 8. It is unnecessary to notice the history of the section which was enacted in 1929. It will be sufficient t......, 1984. The Transfer of Property Act, 1882 (IV of 1882), Section 53A. In absence of any written contract no relief under section 53 A of the Transfer of the Property Act can be sought for. The defendant having no such document the learned single Judge was correct in holding that the..Category: Property Law | Date: | Hits: 24
Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)
.... receive rent since the transfer and this rent not having been paid the tenants were defaulters. Termination of tenancy by notice has not been challenged. The order of remand therefore was absolutely unnecessary………(6) Lawyers Involved: Md. Abdul Hannan, Advocate, instructed by Abul Qu......ertainly entitled to receive rent since the transfer and this rent not having been paid the tenants were defaulters. Termination of tenancy by notice has not been challenged. The order of remand therefore was absolutely unnecessary………(6) Lawyers Involved: Md. Abdul Hannan, Advocate, i..Category: Tenancy Law | Date: | Hits: 166
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....g is taken. We find it difficult to accept the latter interÂpretation for a number of reasons. The legislative inÂtent in making the prohibition, against a private complaint is to save a party from unnecessary and vexatious prosecution by their opponents and to avoid a conflicting decision between...... a restriction on the general jurisdiction of a Criminal Court to take cognizance of an offence at the instance of any person under S.190 Crl.P.C. and it empowers a particular court to make complaint for an offence committed by a party to a proceeding in that court in respect of a document produced ..Category: Criminal Law | Date: | Hits: 63
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
.... because they have refrained from dilating upon all the conceivable arguments arisÂing out of the statements of witnesses who apÂpear to have been subjected to a very exhaustive and sometimes unnecessary cross-examination in the trial Court would not, in my humble opinÂion, justify our in......self in the commission of the alleged offence. If the principal evidence in the case, namely, direct oral evidence does qualify to be trustworthy the alleged confession of no avail to the prosecution for the purpose of sustaining the order of conviction. In a case as in the present where the witness..Category: Criminal Law | Date: | Hits: 61
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....act may be questioned in court, for an act done mala fide is an act done without jurisdiction. 18. In the instant cases, as has been explained by Mr. Monowaruddin, the authorities did not make any unnecessary delay in disposing of the proceedings. The proceedings which were continued on repeal of...... were not drawn the Rules of 1984. As such the provision of discharge cannot be applied therein. These proceedings were drawn under the Rules of 1976 and were pending when the Rules of 1984 came into force. In the provisions for automatic disposal under the Rules of 1984 the qualifying clause "as fa..Category: Employment/Service Law | Date: | Hits: 112
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
.... proof by immemorial user must date back to the reign of Richard I i.e. 1189 A.D., the conditions existing at the inception of a custom, asÂsuming that one can trace its inception. It is, howevÂer, unnecessary to dilate upon that matter in this apÂpeal: if by the exercise of a customary right in ....................................................Respondents Judgment: July 7, 1987. Custom There is no dispute that reasonableness is. an essential clement of a valid custom and the period for ascertaining the reasonableness of a valid custom is the time of its possible inception. Conside..Category: Civil Law | Date: | Hits: 113
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....cted the compromise petition and proceeded to hear the appeal on merit as question of great public interest is involved therein. Petition for addition of party was also rejected as it was found to be unnecessary particularly when the State was contesting the appeal. 9. Syed Ishtiaq Ahmed, Learned......isqualified from holding the office and the Court in its extraÂordinary jurisdiction will entertain the petition and examine the question on merit. Mere delay in raising the question is not a ground for denying this extraordinary remedy……………….(12) (ii) The Local Government (Upazilla ..Category: Election Law | Date: | Hits: 132
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
....judgment is devoted to the consideration of the defendant's weakness (as to his dakhilas, rejection of objection under section 19(1) of the State Acquisition and Tenancy Act) which was wholly unnecessary as the same did not prove or strengthen the plaintiff's case. The learned Judge fo...... plaintiff from the suit land. Defendant No.1 has no right, title and interest in the suit land. Having failed to obtain the land amicably on demand the plaintiff was constrained to file this suit for declaration of title and khas possessions. 3. Defendant-1 Appellant contested the suit ..Category: Property Law | Date: | Hits: 44
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....onfession as against such other person as well as against the person who makes such confession." The explanation says offence inÂcludes the abetment of or attempt to commit the offence. 22. It is unnecessary to go into long line of decisions which has firmly settled that such confessional statem......leave is directed against an order of acquiÂttal passed by the High Court Division in Criminal Reference No. 1(C) of 1982 and Appeal No. 40(C) of 1982. The High Court Division rejected the reference for confirmaÂtion of sentence of death of accused No. 1 and allowed the appeal after setting aside ..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
....pressed that their inclusion would encourage other tenants who are occupying the holding as allottees of the Government to pray for their addition as parties to the Writ Petition, thus reading unnecessary complications and would cause unnecessary delay in disposing of the writ petition....... claims to be the owner of holding No. 67, Motijheel Commercial Area, Dhaka filed Writ Petition No. 288 of 1985 against the respondents challenging the validity of Government orders declaring the aforesaid property as abandoned and refusing to release the same and also its action inviting offers..Category: Property Law | Date: | Hits: 31
Sufia Khanam Chowdhury Vs. Faizun Nesa ChowÂdhury, 1987, 16 CLC (AD)
....fter it is declared void or voidable. Consistent views of superior courts including the Privy Council are that a void document need not be cancelled. Cancellation of an instrument declared void is unnecessary when the plaintiff's possession in the land, when it is the subject matter of the instr......ught to the effect that a sale-deed dated 9-9-59 purportedly executed by the respondent was void, and in the other suit, T.S No. 87 of 1969, recipient of the sale-deed namely, the appellant prayed for establishment of her title on the basis of the said sale-deed. The sale-deed has been held 'voi..Category: Property Law | Date: | Hits: 86
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....thout jurisdiction. No legislature grants power for mala fide exercise of it and when such mala fide is alleged in fact the Civil Courts have the power to investigate and give decision thereon. It is unnecessary to cite long line of decisions on this point. 39. To refer to a few cases from the l......t has, in clear and unmistakable terms put an express embargo on entertainment of any suit or application against any order or action under the Act…………..(20) The Act itself provides remedy for any mala fide action in respect of acquisition under the Act and the appellant took advantage of..Category: Property Law | Date: | Hits: 48
Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)
.... have been struck off. Points merits consideration." 4. Mr. M.H. Khandker, Counsel for the appellant, submitted that appellant who is a lessee in respect of the suit land cannot be termed as an unnecessary party, firstly, beÂcause he as a lessee in respect of the suit land is entitled to defe......sion, Comilla (Mr. Justice A.T.M. Afzal and Justice Nurul Huque Bhuiyan on 30th October 1984). 2. Respondent No 1 instituted Title Suit No. 181 of 1979 in the court of Subordinate Judge, Noakhali for declaration that the suit land was not vested and non-resident property. Allegations were that t..Category: Property Law | Date: | Hits: 42
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....n end to." In the present case as the learned Sessions Judge has found that the main dispute to the transaction of various parties which are matÂter of title, the invocation of section 145 was unnecessary. Initiation of such summary proÂceeding for which no foundation exists can be harassmen......rcise of his powers under section 439A of the Code of Criminal ProÂcedure. 2. The appellants were the first party in a proceeding under section 145 of the Code of Criminal Procedure. The petition for drawÂing up proceeding under section 145 of the Code was moved on 6.11.84. On the same date the..Category: Criminal Law | Date: | Hits: 42
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