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Manjurul Huq Vs. Bangladesh and others, 1991, 20 CLC (HCD)
.... a dispute likely to cause a breach of the peace exists concerning any land or water which includes buildings, markets, fisheries, crops or other products of land and the rents or profits of any such property. Respondent No.7, the Chief Metropolitan Magistrate cannot be said to have committed any il......t High Court Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Abdul Hasib J Manjurul Huq ................Petitioner Vs. Bangladesh and others .................Respondents Judgment February 13, 1991. Result: The applicat......espondent No.7 asking Mr. Faruk Ahmad Khan, Metropolitan Magistrate to be present in the said Association's canteen should not be declared to have been issued without lawful authority and to be of no legal effect. The petitioner prays for declaration that h respondent Nos. 7 and 8 being Magistrates ..Category: Civil Law | Date: | Hits: 56
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
....mmercial Court No.1 Dhaka against Rupali Jute Baling Limited, a private Limited Company having its registered office at 67, Motijheel Commercial Area, Dhaka and six others for foreclosure of the suit property alleging that the petitioner defendant No.1 namely, Rupali Jute Baling Ltd. had an account ...... Vs. Agrani Bank……………………………Opposite Party. Judgment February 20, 1991. Result: The Rule is discharged. Cases Referred to- Brij Indar Singh Vs. Kanshi Rain and others, 44 IA (PC) 218; Haji Md. Yusuf Vs. M/s Ahmed Brothers and others, 8 DLR 662; Chhazzu Ram......h and honestly before a wrong forum would not be available and it would not also be available if the review petition itself does not contain the grounds on which a review is competent. This is the legal position in this regard and in support of this a number of decisions both of the Indian Jurisd..Category: Procedural Law | Date: | Hits: 111
Afia Khatun Vs. Secretary, Ministry of Works and another, 1992, 21 CLC (HCD)
....und floor of the premises No.25, Larmini Street, Wari, Dhaka by the respondents vide Memo No. DA‑AP/949/1125 dated 10.1.79 vide Annexure A. The premises No.25, Larmini Street, Dhaka is an abandoned property and vested in the Government for administration, control, management, disposal or otherwise......t High Court Division (Special Original Jurisdiction) Present: Syed Fazle Ahmed J Mainur Reza Chowdhury J Afia Khatun .............Petitioner Vs. Secretary, Ministry of Works and another ...........Respondents. Judgment February 4, 1992. Result: The Rule is disch......ng upon the Respondents to show cause as to why the Memo No. sha-10/shuko-73/79/293 dated 17.4.85 contained in Annexure 'G' should not be declared to have been made without lawful authority and of no legal effect. 2. Facts giving rise to this Rule may briefly be put thus: Petitioner is a law g..Category: Property Law | Date: | Hits: 75
Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)
.... are some materials as against accused Rahimuddin. But when the trial Court has found him not guilty and the State also has not preferred any appeal against his order of acquittal, we do not think it proper at this stage in the facts and circumstances of the case to again interfere with the same. ...... This Case is also Reported in: 44 DLR (HCD) (1992) 217. ......bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ..Category: Criminal Law | Date: | Hits: 73
....fore, granted to consider on the additional grounds as under:
"I. Whether the Corporation in strict compliance of the Service Regulation terminated the responÂdent and the High Court Division was proper in failing to look into the terms of the rule and to see the legality or illegality of the te...... ADC (2011) 645. ......he High Court Division in Writ Petition No.4558 of 2006.
2. Short facts relevant for the disposal of this petition are that the respondent No.1 instituted the above writ petition chalÂlenging the legality of his termination from the Service of Bangladesh Parjatan Corporation while he was serving..
Category: Employment/Service Law | Date: | Hits: 109
Agrani Bank Limited Vs. M/S. Kalipada Saha & Brothers and others, 2011, 40 CLC (AD)
....on it appears that the learned Judges refused to interfere with the judgment and decree of the appellate Court on the ground that the appellate Court concurred with the findings of the trial Court on proper consideration of the exhibits. The learned Judges further found that on perusal of the eviden......n Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Agrani Bank Limited………………………………………………….Petitioner Vs. M/S. Kalipada Saha & Brothers and others………………..Respondents Judgment June 22, 2011. Result: The petition i......of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637...Category: Civil Law | Date: | Hits: 55
Zeenat Textile Mills Ltd. Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)
.... redressed. The petitioner's case is that the past service record of the respondent No.2 was not satisfactory and he was found guilty on the similar offence in die past and the enquiry was held after proper notice to the respondent No.2 in which he participated. The enquiry was held on 18.12.84 as p......nal Jurisdiction) Present: Qazi Shafiuddin J Mainur Reza Chowdhury J Zeenat Textile Mills Ltd. Tongi, Gazipur .................Petitioner Vs. The Chairman, Third Labour Court, Dhaka and another...........................Respondents Judgment October 29, 1991. Result: The R......ndents were asked to show cause why the judgment and order dated 20.5.86 (Annexure‑G) passed by the Respondent No.1 should not be declared to have been made without lawful authority and to be of no legal effect. 2. The short facts leading to the issuance of the Rule Nisi is that the respondent ..Category: Labour and Industrial Law | Date: | Hits: 172
Dulal Mia Vs. State, 1991, 20 CLC (HCD)
....the order-Âsheet and in view of the facts and circumstances of the case, however, concedes that there has been unreasonable and inordinate delay in holding the trial in this case and no tangible and proper step appears to have been taken either by the prosecution or by the Court to hold the trial i...... No. 266 of 1990. Judgment Muhammad Ansar Ali J.- These two appeals under section 30 of the Special Powers Act, one at the instance of accused Md. Dulal Mia being Criminal Appeal No.605 of 1989 and the other at the instance of accused Siraj Mia being Criminal Appeal No.266 of 1990 are directed......r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209...Category: Criminal Law | Date: | Hits: 68
ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)
.... a collaborator of the past regime and for fear of life and safety she could not make any tadbir and whatsoever she made was of no result and it is prayed that the matter be inquired and investigated properly so that she can get proper justice for the murder of her husband and the named person in th......€‘ For the State. Criminal Miscellaneous Case No. 376 of 1991. Judgment Anwarul Haque Chowdhury J.- This Rule arises out of an application under section 498 of the Code of Criminal Procedure and is directed against an order dated 31.3.1991 passed by the learned Sessions Judge, Lakshmipur, i......ischarged for want of evidence the said order would be presumed to be an order of acquittal of the present petitioner also as such the present proceeding against the accused petitioner suffers from a legal bar. He lastly submitted that in the instant last FIR the allegation is that of killing by sho..Category: Criminal Law | Date: | Hits: 85
Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)
....€™ should not be declared to have been passed without any lawful authority and is of no legal effect. 2. Pending hearing of the Rule Respondent No.2 was restrained from selling or transferring the property in question in any manner. 3. Facts giving rise to this rule may briefly be stated thus:......h, 27 DLR 170 & 30 DLR (AD) 101. Lawyers Involved: Habibul Islam Bhuiyan with MA Wahab Mia & Abul Hashem, Advocates ‑ For the Petitioner. Fakrul Islam, Assistant Attorney‑General and Dr. Delwar Hossain, AAG ‑ For the Respondent No.2. Writ Petition No.276 of 1987. Judgmen......w cause why the judgment and order dated 9.5.87 passed by the Court of Settlement as contained in Annexure ‘P’ should not be declared to have been passed without any lawful authority and is of no legal effect. 2. Pending hearing of the Rule Respondent No.2 was restrained from selling or trans..Category: Property Law | Date: | Hits: 64
Moulvi Gholam Moula Vs. Secretary, Ministry of Education, 1992, 21 CLC (HCD)
....ue copy of the dismissal order is put in as Annexure 'B'. 5. Petitioner being aggrieved by the said order of dismissal dated 6.11.84 submitted appeal before the Respondent No.1 on 20.12.84 through proper channel. Thereafter petitioner getting no reply submitted reminders time without number for d......r Reza Chowdhury J Moulvi Gholam Moula ..................Petitioner Vs. The Secretary, Ministry of Education, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka and others…………..Respondents Judgment January 26, 1992. Result: The petitioner is...... 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 been done or taken without lawful authority and is of no legal effect." 9. From the provision referred above petitioner who filed appeal before the Respon..Category: Administrative Law | Date: | Hits: 164
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
.... Ordinance. The last election was held in March 1989 in which the petitioners were elected for 5 years and they had been performing their functions as elected Chairman of their respective Upazilas properly and they had right to complete their 5 years terms in office from the date on which they ...... 4. Kudrat‑E‑Elahi Panir (In Writ Petition No. 3002 of 1991)…………………….Petitioners Vs. Bangladesh, through the Secretary, Ministry of Local Government, Rural DevelopÂment and Co‑operative (Local Government Division), Government of Bangladesh, Bangladesh Secretariat, D...... equal work for both men and women." (Ibid. P. 1508). 60. HM Seervai in his Constitutional Law of India, Third Edition, Volume 2 at page 1601 comments, "It is obvious that Article 37 confers no legally enforceable rights on anybody, and imposes no legally enforceable duty on the has been sai..Category: Constitutional Law | Date: | Hits: 461
Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
.... have jurisdiction to entertain the present action, if at all, only under the Admiralty Court Act, 1861 and under no other statute or principle." His Lordship further held that: "If this is the proper analysis, and I think it is, no action will lie under the section unless the action is for da......DLR (HCD) (1992) 171.......ment Md. Mozammel Hoque J.- The plaintiff instituted the present suit for the following declarations: "(a) a declaration that the declaration of General Average by the Principal Defendants is illegal and not binding on the plaintiff and/or anybody; (b) a declaration that the plaintiff is no..Category: Admiralty Law or Maritime Law | Date: | Hits: 315
Faisal Mahbub Vs. Bangladesh, 1992, 21 CLC (HCD)
....ained silence and did not participate in any kind of political activity put he has been detained for collateral, purposes under colourable exercise of power. The grounds supplied to the detenu am not proper grounds of detention. 4. The respondents filed an affidavit‑in-Âopposition controvertin...... Present: Abdul Jalil J Abdul Hasib J Faisal Mahbub ............……..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Secretariat Buildings, Dhaka and others...................Respondents Judgment January 15, 1992. Result: The rule i......Mymensingh District Jail, Mymensingh for compliance through special messenger at the costs and risk of the petitioner, as prayed for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 168. ..Category: Criminal Law | Date: | Hits: 81
Yunus Kha and others Vs. Abdul Momin and others, 2011, 40 CLC (AD)
....or leave to appeal, in short, are: 3. Opposite party Nos.1-9 instituted Title Suit. No. 44 of 1993 in the Court of Senior Assistant Judge, Sarail, Brahmanbaria for partition claiming that the suit property originally belonged to Golap Jan Bibi and that it was recorded in her name. After death of ......in CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Yunus Kha and others …………………………….............Petitioners Vs. Abdul Momin and other......ation of materials on record do not call for interÂference. Accordingly the civil petition for leave to appeal is dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 613. ..Category: Property Law | Date: | Hits: 73
Bangladesh Public Service Commission and another Vs. Maloti Rani Mondol, 2011, 40 CLC (AD)
....ons. The petitioner alleged that the enquiry officer without observing the preÂscribed rules of enquiry as envisaged in the Government Servants (Discipline and Appeal) Rules, 1985 and without giving proper opportunity to the petitioner to put forth her defence submitted to the authoriÂty a pervers......Mahmud Hossain J Muhammad Imman J Muhammod Mamtaz Uddin Ahmed J Md. Shamsul Huda J Bangladesh Public Service Commission repÂresented by its Chairman Public Service Commission Secretariat and another …………………………......Petitioners Vs. Maloti Rani Mondol ………â€......a sudden the authority placed her under susÂpension on 20.02.2007 and served a show cause notice upon her asking to explain as to why appropriate punishment should not be awarded to her for taking illegal gratifiÂcation to the tune of Tk. 3, 00,000/- (three lac) from one Dipaon Shaha for securing ..Category: Administrative Law | Date: | Hits: 210
Md. Bande Ali Miah Vs. Chief Engineer, Housing and Settlement, 2011, 40 CLC (AD)
....he plaint. In 1959-60 vide L.A. Case No.13 the defendants acquired the said land for rehabilitation of the refugees migrated from India. That the Government assured Zayor Bibi that she would be given proper compensation and alternative land and she would not be evicted till doing so. But the said la...... Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaj Uddin Ahmed J Md. Shamsul Huda J Md. Bande Ali Miah being dead his heirs: 1(a) Payesy Begum and others .........Petitioners Vs. The ...... holding that after acquisition of the suit land by the Government in accordance with law and handing over the same to the requiring authority namely, Directorate of Housing and Settlement, Dhaka, no legal or vested right can accrue in favour of the original owner or the plaintiff-the alleged purcha..Category: Property Law | Date: | Hits: 65
....e Non-Government Colleges affiliated under the National University and as such the petiÂtioner is bound by the Regulations of 1994.
The findings arrived at by the High Court Division are based on proper appreÂciation of law and facts and as such call for no interference.
The leave petition i......n Ahmed J
Md. Shamsul Huda J
S. M. Zakir Hossain .................................Petitioner
Vs.
The People's Republic of Bangladesh repreÂsented by its Secretary, Ministry of Education and others………………………………………………….... Respondents
Judgment
M......essor, accordÂing to his seniority. According to the senÂiority, Vice-Principal Abul Kashem comes first, Assistant Professor Kazi Nobibur Rahman 2nd and petitioner 3rd. So the Governing Body most illegally made the petitioner Principal-in-charge of the College. The petitioner in collaboration with..
Category: Employment/Service Law | Date: | Hits: 108
Modares Miah Vs. The Chairman, 1st Labour Court and another, 1991, 20 CLC (HCD)
.... "Your explanation dated 27 July, 1995 has not been found acceptable. You had been a habitual absentee. You have given an undertaking dated 14 January, 1985 that you would not again be absent without properly taking leave, The Management reluctantly terminate you from services." 2. The petitioner...... High Court Division (Special Original Jurisdiction) Present: Qazi Shafiuddin J Mainur Reza Chowdhury J Modares Miah ...........Petitioner Vs. The Chairman, 1st Labour Court and another..................Respondents Judgment December 17, 1991. Result: The rule is......espondents to show cause why the judgment and order dated 24.9.1986 passed by the Chairman, 1st Labour Court, Dhaka should not be declared to have been passed without lawful authority and to be of no legal effect. The case of the petitioner in short is that he was serving under the respondent No...Category: Labour and Industrial Law | Date: | Hits: 148
Abul Hashem Master Vs. State, 1991, 20 CLC (HCD)
....d the accused‑appellant cannot get a benefit of this mistake in the charge‑sheet for getting acquittal. 9. Next, he has submitted that the evidence of all the witnesses of recovery is good and proper evidence under section 3 of the Evidence Act. All the witnesses have stood the test of crossâ......im @ Ibrahim Vs. State, 41 DLR 524; Arshadullah Vs. the State, 21 DLR 684;Bhuboni Sahu Vs. The King, 2 DLR 39; Kochi @ Jishan & ors. Vs. The State, 8 BLD, 412. Lawyers Involved: Zakir Ahmed and Md. Ashfaqul Islam, Advocates ‑ For the Appellants. Shah Azizur Rahman Assistant Attorney G......der section 19A(F) of the Arms Act. He be acquitted of the charge. Let him be set at liberty if not required in any other connection. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 159. ..Category: Criminal Law | Date: | Hits: 85
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