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Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
.... previous Government but out of them six cases have been revived. Admittedly all these cases were of the period between 1986‑89. 40. That the detenu used to terrorize the people of the locality (Kotalipara Upazila) and that he maintained an armed Bahini of his own for that purpose e......on was passed, but the detenu evaded arrest by going over to India. For his oppressive and terrorist activities the detenu was suspended from the post of Chairman of Kotwalipara Upazila. So that nobody dares raise any objection against him, the detenu organised an armed illegal bahini known as t..Category: Criminal Law | Date: | Hits: 88
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
....nst the appellants. 3. The defence, as it appears from the trend of cross‑examination to the prosecution witnesses, is that P.W. 4 Salma Begum was a prostitute under the protection of local police station and as these appellants used to obstruct her from prostitution this false case...... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ..Category: Criminal Law | Date: | Hits: 66
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ...... held by the Election Commission under the Local Government (Union Parishads) Ordinance, 1983 and the rules framed thereunder, called Union Parishads Election Rules 1983. The Election Commission is a body constituted under Article 118 of the Constitution of Bangladesh. Article 119(1) of the Constitu..Category: Election Law | Date: | Hits: 117
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ......p; MH Rahman J.- On April 15, 1960 the appellant was appointed as an Assistant Communication Engineer in the Civil Aviation Department. The Government of Bangladesh formed a corporate body, namely, Civil Aviation Authority of Bangladesh by Civil Aviation Authority Ordinance, 1985 (O..Category: Administrative Law | Date: | Hits: 125
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....isputed plot where the cattle market sits. After finding that it is not possible for the court to declare plaintiffs title in respect of the area retainable by the plaintiff without determining by local investigation the area of the portion of the plot over which the cattle market sits, the appe......e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ..Category: Property Law | Date: | Hits: 64
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. ...... (2) directing division of a tenure or holding or distribution of rent payable in respect thereof shall have the effect of ceasing the joint and several liability of each applicant or each body of applicants including co applicants, if any, joined under sub-section (3) for rent inc..Category: Property Law | Date: | Hits: 60
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
........ ............... (ii) declaring that any act done or proceeding taken by a person performing functions in connection with the affairs of the Republic or of a local authority has done or taken without lawful authority, and is of no legal eff......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
State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
....ficant wood barks for picnic. In the result, we find no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ......har with the Bogra Police Station within an hour, whereupon the prosecution case started. The Investigation Officer, after examining witnesses and considering the report of autopsy held on the dead body of Kafi, sent up seven persons including these three accused‑respondents for trial on ch..Category: Criminal Law | Date: | Hits: 119
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. ......vires. What then is required to make it intra‑vires? 71. Lord Macnaghten said in Westminster Corporation Vs. London and North Western Railway, 1905 AC 426: "It is well settled that a public body invested with statutory powers such as those conferred upon the Corporation must take care not ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Chittagong Chemical Complex Vs. The Chairman, Labour Court and another, 1994, 23 CLC (AD)
....n Complaint Case No. 193 of 1986, is declared to have been passed without any lawful authority and it is of no legal effect. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 182. ......e of the Second Party, the employer, the Labour Court ought to have examined at least the employee's papers to see whether the case was proved. This is the irreducible minimum of care an adjudicating body is required to take before deciding any matter. 5. The appellant contends that from a mere p..Category: Labour and Industrial Law | Date: | Hits: 103
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....tion of Managing Committee of the school under Regulation 20(1). An inspection team was formed by the Chairman. The Board of Intermediate and Secondary Education, respondent No. 3 herein, which after local inspection submitted a report stating that for proper management of the school a Managing Comm......ntonment area under the then Ministry of Defence for imparting education to the wards of the employees of the Civil Aviation Department which was under the Ministry of Defence since 1947 and is not a body corporate, Most of the students residing therein are the wards and dependents of the employees ..Category: Property Law | Date: | Hits: 86
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ......out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ..Category: Election Law | Date: | Hits: 136
Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)
.... Tea Estate, Kulaura within the meaning of Exp. 11. the Court at Moulvibazar will have jurisdiction under Clause (c) of section 20 CPC which says that a suit shall be instituted in a Court within the local limits of whose jurisdiction "(c) the cause of action wholly or in part arises". 7. It is ......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
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....the land for the purpose for which it was acquired, and, hence, by giving notice to the company and upon hearing a decision was taken to resume the land. The impugned order was passed on the basis of local enquiry made by the Deputy Land Reforms Commissioner, Khulna Division before whom the responde......ng on record to indicate that the resumption proceeding was completed by strictly following the terms of clause 7 of the deed of transfer as to re‑entry and payment of compensation to the requiring body on such re‑entry. 9. In substance the appellants have no cause resumption. They did not a..Category: Property Law | Date: | Hits: 69
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....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 ...... the State. This responsibility of the Supreme Court is of highest importance in view of the facts that the Constitution makers gave this responsibility alone to the Supreme Court, a non political body, for this reason the Supreme Court, must be very cautious in interpreting the provisions of th..Category: Criminal Law | Date: | Hits: 76
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ......formed that the Government decided not to acquire the case land of the petitioners and requested the Additional Deputy Commissioner to annul all actions taken in this regard and that if the requiring body still insisted on acquisition of land, alternative sites should be selected. In spite of the af..Category: Property Law | Date: | Hits: 64
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....a Court having no jurisdiction shall be excluded. Section 29 of this Act says that the provisions contained in section 4, sections 9‑18 and section 22 shall apply to a case under a special or local law "only in so far as, and to the extent to which they arc not expressly excluded by su...... Public Servants Retirement Act, 1974 (Act XII of 1974), and as such he is entitled to equal treatment with all other public servants in respect of terms and conditions of service under a statutory body, like the Bangladesh Bank. Regulation 12 (ii) of the Bank (Staff) Regulations, which provides..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....used for car parking, stink and bad smell are spreading in the area causing health hazard; the question as regards the inconvenience of the petitioner and the inhabitants of locality for the alleged pollution of environment cannot be measured and determined without necess......ondent no. 5 and the allottees of the shops. It is unfortunate to witness the close collaboration between them. It is a glaring instance where respondent No. 1, which is a very important statutory body in the environmental field and is entrusted with the duty of preserving the environment, emerg..Category: Environmental Law | Date: | Hits: 293
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
....nstitution of Bangladesh, 1972, Article 147 (3) The acts challenged in the two writ petitions were committed by Mr. Anwar Hossain not in connection with the affairs of the Republic or of any local authority but in connection with the business of the Ittefaq Group of Publications Ltd. In hi......lection Appeal Board, created under the Election Rules framed under section 23 of the Trade Organisations Ordinance, 1961 was maintainable. It was held that the Election Appeal Board was a private body and not a local authority set up by any law nor does it perform any function in connection wit..Category: Civil Law | Date: | Hits: 103
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....the land of DS Plot No. 7825. 4. The Government contested the suit i.e. Title Suit No. 43 of 1978, by filing written statement and having had raised objection as to the identity of the land local investigation was held by survey knowing Advocate Commissioner for ascertaining the identity......lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ..Category: Property Law | Date: | Hits: 51
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