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Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
....Writ Petitions have become 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 v......, Tihar Jail, Delhi and others reported in AIR 1975 SC 1505. In that case the Rules in Jail Manual, making discrimination between European and Indian prisoners in regard to treatment and diet were called in question but the Court did not think it necessary to interfere as the petitioner was no l...... 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
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....p; Md. Ruhul Amin J.- This is defendants' appeal by leave against the judgment dated July 31, 2000 of a Single Bench of the High Court Division in Civil Revision No. 356 of 1990 making the Rule absolute upon setting aside the judgment and decree dated October 9, 1989 of the Court of District Ju...... 1978 was decreed in presence of the Government in respect of the land of plot No. 203/31, the Government had no right to lease out the land in suit to the plaintiffs, that the plaintiffs have not called for the record to show that their father was the proponent for plot No. 203/31, that the pla......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
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
.... same. 2. The suit was filed seeking a decree for specific performance of contract for sale of land. 3. The suit was filed with the averments, inter alia, that the defendant sold the land described in the schedule attached to the plaint on 15th Kartik, 1372 BS correspondin......the Income Tax Clearance Certificate and register the kabala and that specified period for getting the executed kabala registered having had lapsed, he (plaintiff) in the middle of Sraban, 1374 BS called a 'panchayat' and there defendant promised to execute a new kabala and to register the same ......rit. 16. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 66
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....lear and unambiguous, the High Court Division erred in holding "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 prov...... 9. Both the learned Attorney-General and the learned Counsel further 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 es......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
Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)
.... 3 The relationship of an witness is by itself no ground to discard his evidence unless such evidence is tainted with marks of falsehood. The occurrence taking place at 3 am in the house of PW 1, so the inmates of the house are the natural witnesses………(15) Direct evidence of recognisin......pe, son of Jayanta Gope, was sleeping in his house on the 8th Baishak 1404 at about 3-00 AM while the accused petitioner along with other accused went to his house, and then the petitioner and others called him and then the inmates viz Susanta (since deceased), his father Jayanta Gope, mother Shandh...... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ..Category: Criminal Law | Date: | Hits: 47
AHS Rahman Vs. State, 2006, 35 CLC (AD)
....e, 1898 (V of 1898), section 561A Since the First Information Report discloses a prima facie case against the Accused-Petitioner and to that effect charge sheet has been submitted, there is no reason for quashing the proceeding………………(6) Lawyers Involved: Anisul Huq, Advocate, ......thusiastic, verbally directed that appointment of a consultant be made from the proposal received. Thereafter, it was decided that Consociates Ltd be appointed for the project. As such, no tender was called for appointing the consultant. That on inspection of the said Ministry's file No. PT. Shaka-5......o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 89
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....ave to appeal are directed against the judgment and order dated 12-7-1998 passed in Writ Petition No. 428 of 1989 (heard along with other Writ Petitions) by the High Court Division making the Rules absolute. 2. The Rules in all the writ-petitions were issued calling upon the leave-petitioner wri......eved by the order dated 10-12-1984, the petitioners filed an application to the Secretary, Ministry of Land Administration and Land Reforms, Government of Bangladesh on 12-6-1985. The Joint Secretary called for a report from the Additional Deputy Commissioner (Rev), Habigonj vide Memo dated 15-6-198......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 77
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....ated as substantive evidence. It can only be utilized by the defence under section 162 Cr.P.C. to contradict a witness in the manners provided by section 145 of the Evidence Act. When a witness is so contradicted by a statement recorded by the police office in the course of investigation, the on......ctober 29, 1999 the victim was in a depressed mood and condemned prisoner's mother asked the victim to take snack in the evening but the victim did not take snack, that the condemned prisoner also called the victim to take snack in the evening but the victim refused to take snack and for that th......tween the victim and the condemned prisoner, as stated by the condemned prisoner, said to have taken place was not of such a nature as to consider the same as grave and sudden provocation to cause loss of power of self-control by the condemned prisoner and thereupon to cause the death of Mammi. ..Category: Criminal Law | Date: | Hits: 59
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....f the same to the appellant on the same day as part performance of the agreement for sale. Before the execution of the deed Abdul Hafiz died in January 1972 leaving behind three legal heirs and successors namely, wife Hazera Khatun, daughter Baby Tabasun (minor) and son Md. Kalim (minor). A successi......illing an entry in the police diary. He produced a photo copy of the GDE, which the Court of Settlement held was not proved by calling for original from the police station. The record of the case was called from the Assistant Commissioner's Office where he filed all the photocopies except bainapatra......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 108
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
....d many rewards and while posted at Dhaka City Internal Operation he suddenly fell ill and, as such, could not attend the office from 9-7-87 to 14-7-87 and he having no relation at Dhaka could not also inform the office about his illness and after recovery he attended office on 15-7-87 and submit......tition for 10 days leave and thereafter, he sent application for extension of leave for 30 days but was not informed as to whether leave was sanctioned or not, then on 23-8-87 the petitioner No. 2 called for an explanation from him as to his unauthorised absence whereupon he submitted reply stat......al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ..Category: Administrative Law | Date: | Hits: 113
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....ad been earlier convicted by the Additional District Magistrate, Mymensingh, in CR Case No. 219(1) of 1981 under section 467 read with section 109 of the Penal Code, and sentenced to rigorous imprisonment for 7 years along with fine of Tk. 10,000.00 each. Azimuddin had been acquitted by the tria......onnected documents were not produced at the time of trial, particularly when these documents were not marked as "exhibits" by the trial Court. The original case record was therefore called for by us and it appears therefrom that all these documents were there in the trial Court wh......ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....uires the State to encourage local government institutions, but the Ordinance abolished a local government namely the Upazila Parishad. The learned Judges of the High Court Division, for different reasons, some of which are common, dismissed all the petitions, but issued the Certificate since the ma......provided for re‑organisation of the general administration of the country at Upazila level by transferring some powers and functions of the Government to the Upazila Parishads. These functions were called "transferred subjects" and the functions retained by the Government were called "retained sub...... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....e lying with the UCBL. Having coming to know of the said order of attachment from a notice published in the newspapers the UCBL filed an application for vacating the said order of attachment and also for stay of the sale by auction which was to be held on 30 April, 1987. I________________......s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ......part of his liability with the Bank. We do not see how sub‑section (2) as quoted above is at all relevant in the facts of the pre‑sent case. 13. Similarly we are completely at a loss to find any nexus even remotely between the provisions of section 109 and the facts of the pre..Category: Business or Commercial Law | Date: | Hits: 124
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
.... for approval of the proposed plan on the same date but the said application is still pending on the ground that the said plot has not yet been mutated in the name of the appellant. In the meantime some enemies of respondent No. 4, the vendor of the said plot, moved the then DIT with certain all......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......ly or remotely connected with the swearing of an allegedly false affidavit by respondent No. 4 or with obtaining permission for transfer from the former DIT. He is an innocent third person and the loss if any must fall on one whose conduct made possible the wrong‑doer's act. 10. Mr...Category: Property Law | Date: | Hits: 110
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
....t No. 1. Not Represented- Respondent Nos. 24. Civil Appeal No. 45 of 1989. (From the Judgment and order dated 25th November, 1986 passed by the High Court Division, Jessore Session, Jessore, in Civil Revision No. 1143 of 1980). Judgment ......not part with his possession but simply made a show of transfer for any purpose, such as to put away his creditors, as in the case reported in 51 CWN 644, then such a transaction, whether it is called "Benami" or colourable, may be gone into." 7. Thus, the learned Sin...... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ..Category: Property Law | Date: | Hits: 106
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
.... raised in the writ petition namely, the Government Servants (Discipline and Appeal) Rules, though applicable to the appellant's case, were not followed and the principle of natural justice was also not followed in his case by giving him sufficient Opportunity to defend himself. 2. Khond......centre in Jhikargacha in the district of Jessore. All jute purchased from different Centres are despatched to the Mills' Head Office at Khulna. In the Kanaipur purchasing Centre there is an Officer called Agency‑in‑Charge. At the relevant time, a Deputy Manager of the People's Jute Mi...... domestic tribunal's finding. 6. It is to be seen whether the requirements of a domestic enquiry have been fulfilled in this case. Allegation against the appellant was that at his connivance loss of Taka, 2.81 lakh was caused to the Jute Mills by purchase of jute of inferior quality from ..Category: Employment/Service Law | Date: | Hits: 67
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
.... of the government there was an altercation between the informant party and the accused. On the following morning PW 1 went to the market and opened his grocery shop. He found die eight accused persons siting in the tea‑stall of Rahim and talking among themselves. The accused then went awa...... the absence of any overt act by him in the commission of offence, apart from the assertion, an afterthought, that he caught the deceased by hair. 8. ‘‘Before section 149 can be called in aid’’ in the Indian Supreme Court observed in Dalip Singh Vs. State of Punjab......ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 65
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....t suffers from Coram Non Judice in view of the Administrative Tribunals, Act, 1980, which has ousted the Civil Court's jurisdiction in all matters relating to terms and conditions of service of persons in the service of the Republic or of any statutory authority, like the appellants' Bank. ......agerial or administrative capacity. "Under section 2(h) of this Act, any person employed in such an establishment to do "managerial or administrative" functions falls into the class called “employer". In the corresponding provision of the Industrial Relations Ordinance,......matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 130
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
.... No. 61 of 1990, and for Tk. 1,58,210.00 against defendant No. 4, No interest was given. Defendant Nos. 1-3 and 4 preferred two separate first appeals, FA Nos. 17 and 19 of 1985 and the plaintiff also filed Cross objection No. 18 of 1985 against the trial Court's judgment and decree. Hearin......not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ......ssain has placed before us Ext. F dated 15.8.77, the letter of undertaking and authority to clear and sell the goods. This is a letter of indemnity from the plaintiff indemnifying the Bank for any loss, harm, damage or detriment entailed through the Bank's default, omission, fault or negligence..Category: Business or Commercial Law | Date: | Hits: 99
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....rent from that was agreed upon. On an inspection by the surveyor and a laboratory test the goods were found to be of inferior quality. The plaintiff rejected the goods, but for mitigating his loss sold away the same. It was averred in the plaint "that the cause of action of the suit arose o......thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ......different from that was agreed upon. On an inspection by the surveyor and a laboratory test the goods were found to be of inferior quality. The plaintiff rejected the goods, but for mitigating his loss sold away the same. It was averred in the plaint "that the cause of action of the suit ar..Category: Business or Commercial Law | Date: | Hits: 124
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