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Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ......respondent and the sub division of the holding obtained by the appellant remained subject to an order to be obtained in a proceeding for pre-emption initiated by the respondent. 19. The principle enunciated in the case of Lakhi Kanta Patibar Vs Sunil Kumar Patibar and others reported ......lved: T. Ali, Senior Advocate instructed by Abdul Matin Khan Chowdhury, Advocate-on-Record— For Appellant. Jane Alam, Advocate, instructed by S.M, Huq, Advocate-on-Record—for Respondent. Civil Appeal No. 78-D of 1968, (On appeal from the ju......red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 60
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ......elief asked for by the plaintiffs was refused, on the ground of absence of standing or locus standi. The Supreme Court observed: — "It is an elementary principle that, in order to justify the granting of this extraordinary relief, the complainan......sp; Sayem CJ.- This appeal arises out of an application under Article 102(2)(a)(ii) of the Constitution. It is by the applicant before the High Court Division. The application was summarily dismissed by the learned Judges of that......he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ..Category: Constitutional Law | Date: | Hits: 716
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....isputed. The Collaborators Order was thus promulgated by an Authority competent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ......isputed. The Collaborators Order was thus promulgated by an Authority competent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ...... Involved: Manzoorul Ahsan, Advocate, Supreme Court instructed by A W Mian, Advocate-on-Record —For the Petitioners. None—For the Respondents. Petition for Special Leave to Appeal No. 45 of 1973. (Against the judgment and orde...... the facts and circumstances of such treacherous conduct Banga Bandhu Mujibur Rahman, the undisputed leader of 75 million people of Bangladesh, in the fulfilment of the legitimate right of self-determination of the people of Bangladesh, made a declaration of independence at on March 26, 1971..Category: Criminal Law | Date: | Hits: 53
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
.... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ......oubt, however, on the question of the High Court Division's said jurisdiction we would have resolved that doubt in favour of its preservation in consonance with the well-established principle of construction of statutes that the legislature excludes or curtails the jurisdiction of......uittal by a Special Tribunal appointed under article 5 of the Bangladesh Collaborators (Special Tribunals) Order, 1972 (President's Order No. 8 of 1972). 2.The respondents were placed before the Special Tribunal for facing charges under clause (b) of Part IV of the Schedule of the Ba...... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....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. ...... a permanent resident under the proviso to Article 2; that the allegations that the respondent's indulged in anti-Bangladesh activities were irrelevant; that the notification was bad for violation of principle of natural justice; and that the respondent' writ petition was not bad for laches and dela......erved on him were without lawful authority. 2. The material portion of the notification reads as follows: "Whereas it appears that the persons specified below have been staying abroad since before the liberation of Bangladesh and by their conduct cannot be deemed to be citizens of Bangladesh...... an Act will find a place on the statute book of the country. In the instant case provision of Article 2 clearly provides that the date of the commencement of the Order will be the terminus a quo for determination of citizenship. In Bishal Deo Tewari Vs. State 27 DLR 6.13 and in Abdul Haque Vs. Bang..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)
....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 ......pointed as permanent Muharrars vis‑a‑vis Muharrars, notwithstanding the long service as TC Muharrars. The Petitioner alleged that the impugned order was passed against the rules and the principle of natural justice and further in violation of their constitutional right equality befor......cord- For the Petitioners. Dr. Rafiqur Rahman, Senior Advocate, Supreme Court, instructed by Sirajur Rahman, Advocate-on-Record -For the Respondent Nos. 5 and 6. Civil Petition for Leave to Appeal No. 532 of 1992. Judgment: &nb......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
Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu and another, 1994, 23 CLC (AD)
.... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ......to pay the price of goods and on his undertaking to pay, the goods were delivered to him, bat he fails to pay the price thereof, no case of cheating would lie against him. 4. It is a settled principle that the initial intention to deceive must be established to justify a conviction for ch......Appeal No. 1 of 1993. Judgment: MH Rahman J.- Respondent No. 1 a jute-merchant, filed a petition of complaint before the Thana Magistrate, Tala, accusing, inter alia, that on October 26, 1991, the accused appell...... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ..Category: Criminal Law | Date: | Hits: 70
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ......lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ......sp; Shahabuddin Ahmed CJ.- Government is the appellant in this appeal by special leave. The main question raised here is whether the limitation for filing an appeal against a decree will run from the date of the decree or from the date on whic......at the period of twenty-four months shall precede tile date of notice under section 5(1) which is, in this case, 6 June 1967. This ground as to nullity Of tile decree itself cannot be a matter for determination on all application under section 152 of the Code, nor any such ground was taken in ti..Category: Procedural Law | Date: | Hits: 104
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......ns detailed and exhaustive and do not take care of all possible substantive and procedural situations. There has, therefore, developed a practice in the High Court Division to apply by analogy the principles of the Code of Civil Procedure as and when necessary to meet the exigencies of the situa......nt Nos. 2 and 3 submitted any affidavit-in‑opposition and no one appeared at the time of hearing of the Rule. The learned Judges of the High Court Division after hearing the learned Advocate for the appellants for 3 days made the Rule absolute and wrote out a lengthy judgment on the merit ......here that normally a writ petition is governed by the Rules as framed by the Appellate side rules of the High Court Division. Rule 11 reads as follows- "All questions arising for determination of such petitions shall be decided ordinarily upon affidavits but the Court may dire..Category: Procedural Law | Date: | Hits: 102
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ......art of the Government so to do is not the plea; rather a belated plea was taken that the decision had been revised by the Government although no such case was made out. Hence applying the aforesaid principle the least that can be said is that the respondents cannot be allowed to act inconsistent...... of 1979 from WP 701 of 1977. Judgment: Badrul Haider Chowdhury J.- Those two petitions for special leave to appeal are directed against the judgment and order passed by the High Court D......t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ..Category: Constitutional Law | Date: | Hits: 157
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. ......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. ......ard of Intermediate and Secondary Education, Dhaka (respondent No. 4 herein) to the Chairman, Bangladesh Civil Aviation Authority, Kurmitola, Dhaka (Respondent No. 5 herein) requesting, the latter to form an ad hoc Committee as a first step in the formation of a regular Managing Committee of the Sta......ch are the donations and if a Court Sitting in writ has to go through this balance sheet to come to a decision on the applicability of the proper regulations, then it converts itself into a Court for determination of disputed questions of fact. The writ petitioner challenged the impugned Memo, in a ..Category: Property Law | Date: | Hits: 86
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
.... he allowed this by holding that the same can be compensated by giving money and consequently awarded cost of Taka 1000.00 as compensation to the plaintiffs. It must be stated here that the principle guiding the amendment of the written statement as contemplated under the law has not been taken note...... application for amendment of the written statement was filed. It is to be borne in mind that the amendment of a plaint and the amendment of the written statement are not governed by exactly the same principle. In the case reported in 26 DLR 205 the governing consideration was that an application to......evision Nos. 146 and 147 of 1987, making the Rules absolute after setting aside the two orders passed by the Munsif, Additional Court, Sylhet in Title Suit No. 117 of 1986, rejecting the applications for amendment of the written statement and for recalling PW 1 for re‑examination. 2. To narrate...... AIR (1953) (Cal) 15, it has been observed that awarding of costs against amending party does not necessarily avoid prejudice as the primary consideration in the amendment of written statement is the determination of real controversy between the parties. 10. From the materials on record, it appea..Category: Tenancy Law | Date: | Hits: 81
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....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 in the absence of a member of the enquiry committee its proceeding should be automatically adjourned, the deliberations of the enquiry committee could not be questioned on the supposed violation of principles of natural justice. 5. Taking a cue from a query from this Court whether the order of ...... 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. ..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 ......ay, 1986. 3. Dr. Kamal Hossain, learned counsel for the appellant, besides the point referred to in the beginning of the judgment also submitted at the leave granting stage that the minimum principle of natural justice was not followed while passing the impugned order in review. 4....... Civil Petition No. 119 of 1991. Judgment: ATM Afzal J.- In all these matters, the question for consideration is whether the Chief Martial Law Administrator, briefly the CMLA, had jurisdictio......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)
....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. ......d to serve a notice under section 106 of the Transfer of Property Act. Unless the tenancy is‑ determined by giving a notice as contemplated under section 106 of the Transfer of Property Act no suit for ejectment of a monthly tenant can be filed………………………..(13) Per Mustafa Kama......n 111 of the Transfer of Property Act was referred to show how a lease of an immovable property is determined by various ways and grounds and in that section "death" was not mentioned as a ground for determination of lease. The reported decision is a case relating to a contractual tenant and not wit..Category: Tenancy Law | Date: | Hits: 87
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....ieved person before going to the Tribunal. The word final has not been used in section 4 of the Act, but reading sub-section (2) of section 4 of the Act, I hold that all normal and available remedies guiding the departmental procedure must be followed before attracting jurisdiction of Administrative...... be excluded to foil the period of six months for coming to the Tribunal, because the President may or may not entertain a time‑barred application for review. Considering the generally accepted principles of pendency of a proceeding and considering that there is nothing in the second proviso t...... and High Ways and Others …Respondent (In Civil Petition No. 346 of 1992) Judgment July 26, 1993. Result: The two appeals, CA Nos. 24 and 82 of 1992 are allowed. The Civil Petition for leave to appeal No.346 of 1992 is dismissed. The Administrative Tribunal Act, 1981 (VII of 19......he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ..Category: Administrative Law | Date: | Hits: 129
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......he Indian Interest Act, 1839 was passed during the rule of the East India Company. In 1893 the House of Lords, in London, Chatham and Dover Rly Co. Vs. Southern Rly Co. (1893) AC. 429, affirmed the principles inserted in the 1833 Act, and reaffirmed the view that interest could not be allowed as ......ns 30 and 33 of the Arbitration Act, 1940. The learned Subordinate Judge had, in his judgment, modified an award dated 20 September 1990 made by an Arbitrator appointed by the parties to a contract for construction work. The main question raised for determination in these two appeals before us re......ed Subordinate Judge had, in his judgment, modified an award dated 20 September 1990 made by an Arbitrator appointed by the parties to a contract for construction work. The main question raised for determination in these two appeals before us relates to the Arbitrator's power to award interest on..Category: Business or Commercial Law | Date: | Hits: 98
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 ......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......and that a verbal prayer for recounting of the ballot papers was made before the Presiding Officer concerned. The Tribunal, therefore, held that recounting of the ballot papers became necessary for determination of the dispute. The learned Judges of the High Court Division also found that recoun..Category: Election Law | Date: | Hits: 119
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ......or the purpose for which it was acquired, as a notice not to show cause against resumption. The next contention is, that the High Court Division was wrong in holding that there was a violation of the principle of natural justice in the making of the impugned order in as much as it was not noticed th......ivision (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms and others .................Appellant Vs. Commercial Trust of Bangladesh Ltd. and othe......ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ..Category: Property Law | Date: | Hits: 69
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....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. ......provisions it becomes clear that in matters assigned to the tribunal its jurisdiction is exclusive and to that extent the jurisdiction of all other courts is barred. It follows logically as a general principle that comprehensiveness in dealing with such matters cannot lag far behind the exclusivenes...... modify an order including an order of punishment/sentence in exercise of its powers under section 4 of the Act………………(11) An unblemished record of 22 years of service is a good ground for altering the nature of the sentence which may reduce the hardship. But it can never be considere......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
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