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Dr. Ahmed Husain Vs. Bangladesh, 1999, 28 CLC (AD)
....der No. 28 of 1973 President’s Order No. 28 of 1973 was specifically enacted in pursuance of the powers of Parliament granted by Article 68 of the Constitution. It cannot be said therefore that the insertion of Article 3C is beyond the scope of President’s Order No. 28 of 1973......enior Advocate of this Court, challenged in person the insertion of Article 3C to the Members of Parliament. (Remuneration and Allowances) Order, 1973, President’s Order No. 28 of 1973, by an amendment made to it by the Members of Parliament (Salaries and Allowances) (Second Amendment) Act,......ional. What looks indecent to others may, in fact, be constitutionally permissible. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 75. ..Category: Constitutional Law | Date: | Hits: 152
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
.... 52 Section 52 of the Shipping Ordinance, 1976 gives special powers to the Marine Court notwithstanding anything contained in the Code of Criminal Procedure to try any case under Chapter IV for Shipping casualties. The Marine Court exercises its jurisdiction as a criminal court and it can......vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ......y Bangladesh Inland Water Transport Corporation- defendant No. 1 is from the Judgment and decree dated 10-11-91 passed by the High Court Division in Admiralty Suit No.6 of 1986 partly decreeing the plaintiff-respondent’s suit for Taka 1,58,19,963.30 against all the defendants including the ..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....he appellate Court and that also without discussing any fault in the factual finding by the said court………(12) ii) Both the parties had the opportunity to produce before the court all the evidence in respect of their claim of title and possession under such circu......ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ......ions in Civil Revision No. 59 of 1984). Judgment Bimalendu Bikash Roy Choudhury J.- The plaintiff is the appellant. His suit, Title Suit No. 84 of 1980, for declaration of title to the su..Category: Property Law | Date: | Hits: 65
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
....ist the plaintiff and his labourers to plough the land and there being positive threat of dispossession from the suit land by any means, the plaintiff had definite cause of action to file the suit for permanent injunction. The learned single judge was not correct in holding that there was no con...... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ......an Bewa and others…………..Defendant-Respondents Judgment October 29, 1997. The Code of Civil Procedure, 1908 (V of 1908) Order VII, rule 1(c) The plaintiff having asserted that defendant No. 1 came to the suit land to resist the plaintiff and hi..Category: Property Law | Date: | Hits: 52
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
.... The Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982), section 12 Non-payment of compensation within one year from the date of decision of the Government for acquisition of land as contemplated under section 12 of the Ordinance does not render the land...... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ...... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ..Category: Property Law | Date: | Hits: 94
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....Rahman……………………. Respondent Judgment June 1, 2000. The Constitution of Bangladesh, 1972, Article 102 (i) When a provision for appeal in a statute is attended with an inviolable and non-relaxable condition of payment of fi......91 which would permit deviation from the rule exhaustion of alternative remedy under the Act and will discuss them after considering alternative remedy available under the Act. 29. Before amendment of the Act by Finance Act 1995 with effect from 1-7-1995 there were provisions for appeal......uate, and, where the wrong complained of is so inextricably mixed up that the High Court Division may, for the prevention of public injury and the vindication of public justice, examine that complaint. It is needless to add that the High Court Division is to see that the aggrieved person mus..Category: Fiscal/Taxation Law | Date: | Hits: 94
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....Tenancy Act, 1951 (XXVIII of 1951), Sections 95 & 95A The Code of Civil Procedure, 1908 (V of 1908), Order XXI, rule 34 The President’s Order No. 88 of 1972 created special forum for restoration of mortgaged property. But it did not take away right of redemption available......e mortgage money was to be paid on or before 25-3-72 and held that the condition ceased to be operative after promulgation of Presidents Order 88 of 1972 and President’s Order 136 of 1972 and amendment of section 95 of the State Acquisition and Tenancy Act. The learned Single Judge failed c......3 & 2-9- 89 passed by the High Court Division in Civil Revision No. 742 of 1989). Judgment Latifur Rahman CJ.- This appeal by leave at the instance of the plaintiff-appellant is against the judgment and decree passed by a learned Single Judge of the High..Category: Property Law | Date: | Hits: 64
Chowdhury Nasimul Baqui Vs. Bangladesh Steel and Engineering Corporation& others, 2000, 29 CLC (AD)
....ited, Chittagong, on 25 August 1992 he received a notice from respondent No. 3, Chief Personnel Officer of the Corporation that he had committed irregularities regarding purchase of machinery parts for overhauling and repairing of Mill No. 1 under purchase order dated 20 January 1990 when he was...... Engineering Corporation Employees Service Regulations, 1989, Regulations 42(8) It is well settled that any procedural law is retrospective in its operation. A subsequent omission by way of amendment of a procedure cannot be of any consequence in respect of the proceeding against the appe......t of the learned Counsel for the appellant. We accordingly, dismiss the appeal without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 125. ..Category: Employment/Service Law | Date: | Hits: 69
Bisheswar Bhattacharjee Vs. Shantimoy Bhattacharjee and others, 2000, 29 CLC (AD)
....ique, Advocate-on-Record—For the Petitioner Md. Nawab Ali, Advocate-on-Record Respondent Nos. I & 2. Not represented — Respondent Nos. 3-19. Civil Petition for Leave to Appeal No. 263 of 1999. (From the judgment and order dated 24 August 1998 pass......udge refusing to strike out the defence. This petition merits no consideration and is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 124. ...... another brought in the First Court of Subordinate Judge, Chittagong a suit for declaration of tile, confirmation of possession etc, in respect of certain land. Defendant Nos. 1 & 2 denied the plaint allegations in a joint written statement. After the framing of the issues the plaintiffs ser..Category: Procedural Law | Date: | Hits: 97
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....cutive and administrative cadres by Bangladesh Civil Service (Reorganisation) Order 1980 with amendment of 1986 is ultra vires the Constitution……..76(3) Article 115 Necessary steps be taken forthwith for the president to make Rules under Article 115 to implement its provisions which is a c......vil Service (reorganization) Order, 1980. The creation of BCS (Judicial) Cadre along with other BCS executive and administrative cadres by Bangladesh Civil Service (Reorganisation) Order 1980 with amendment of 1986 is ultra vires the Constitution……..76(3) Article 115 Necessary steps be ......ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ..Category: Constitutional Law | Date: | Hits: 829
Qaiyum Khan and Others Vs. Sudarshan Singh and others, 2000, 29 CLC (AD)
....dvocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record— For the Petitioners. Md. Aftab Hossain, Advocate-on-Record — For the Respondent No. 1. Civil Petition for Leave to Appeal No. 132 of 1998. (From the judgment and order dated 19-5-1997 passed by......da Saha, not the defendants. 6. Second submission also fails. 7. We do not find any ground for interference. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 53. ...... (From the judgment and order dated 19-5-1997 passed by the High Court Division in Civil Revision No.2385 of 1996). Judgment Mustafa Kamal CJ.- The plaintiff-respondent’s suit for declaration of title to the suit land on the basis of adverse..Category: Civil Law | Date: | Hits: 127
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
...., Sections 5(2) & 339D The case is under section 409 of the Penal Code and also under section 5(2) of Act II of 1947, triable under the Criminal Law amendment Act. There is no provision for revival of the case after lapse of two years under section 8(a) of the Criminal Law Amendment A......f Criminal Procedure, 1898 (V of 1898), Sections 5(2) & 339D The case is under section 409 of the Penal Code and also under section 5(2) of Act II of 1947, triable under the Criminal Law amendment Act. There is no provision for revival of the case after lapse of two years under section......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ..Category: Criminal Law | Date: | Hits: 59
Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)
....), Order VII rule 11(d) There is no illegality in holding that the question of limitation and res judicata are mixed question of law and fact which need through investigation on adequate evidence for arriving at a correct decision on framing specific issue by the trial court and on such grounds ......ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49....... judicata are mixed question of law and fact which need through investigation on adequate evidence for arriving at a correct decision on framing specific issue by the trial court and on such grounds plaint cannot be rejected……………… (6) Cases Referred to- Sreemati Pushpa Rani Das ..Category: Civil Law | Date: | Hits: 142
Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)
....d: Md. Wahhab Miah, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioners. Not represented — The Respondents. Civil Petition for Leave to Appeal No. 969 of 1998. (From the judgment and order dated 20 November, 1997 p......sed, for what it is worth, at the earliest opportunity. But it was not done. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 48. ......ash Roy Chowdhury J.- The suit out of which this petition for leave to appeal arises, was brought by respondent Nos. 1-7 for re-conveyance of the land described in schedules 'Ka' and 'Kha' to the plaint, for confirmation of possession in 'Ka' schedule land and also for recovery of khas possessi..Category: Property Law | Date: | Hits: 47
....rs over whom the contractors have absolute control. Attendance sheet of those labourers is maintained by the contractors to whom they are responsible. The contractors are liable to compensate the KPM for any default of the workers and such labourers can not be termed as the workers of KPM. The terms......tions Ordinance, 1969 was directory and not mandatory.
5. Similar affidavit-in-opposition was filed by the Employees Union who was subsequently impleaded as a party to the writ petition by way of amendment. They added that the labourers employed by the contractors were the workers of KPM.
6.......5)(a) of the Ordinance which is also an infirmity of the said list. The appeal is accordingly dismissed without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 36.
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Category: Labour and Industrial Law | Date: | Hits: 163
Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)
.... Ansarul Huque, Petitioner in person. Awlad Ali, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record — For the Respondents. Criminal Petition for Leave to Appeal No. 94 of 1995. (From the judgment and order dated May 2, 1995 pa......ge. 7. Mr. Awlad Ali, learned Advocate entering caveat for the respondents, denied the allegations made by the petitioner and submitted that the petitioner did not make any prayer for amendment of the plaint as suggested in the impugned judgment. 8. It is difficult to e...... learned Advocate for the respondents to file a supplementary affidavit to show whether the items shown in the schedule to the First Information Report are the same as shown in the schedule to the plaint of the petitioner, Money Suit No. 90 of 1985. The order was compliable and upon perusal of t..Category: Criminal Law | Date: | Hits: 93
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....994 (From the Judgment and Order dated 26-1-94 passed by the High Court Division in First Appeal No. 215 of 1990) Judgment: Mustafa Kamal J: The only point for determination in this appeal by leave by the defendant-appellants is, it being accepted as a co......age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ...... only point for determination in this appeal by leave by the defendant-appellants is, it being accepted as a concluded question of fact that the defendant-appellants trespassed into the land of the plaintiff respondent and thus incurred a tortious liability which is actionable per se did the High..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)
....First Court of Subordinate Judge, Dhaka. The respondent Hosne Ara Begum as plaintiff brought the same against the appellants, Government of Bangladesh and Additional Deputy Commissioner (Rev) Dhaka for realization of a sum of Taka 83,61,000.00 (Taka eighty three lacs and sixty one thousand) for ......ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ......p; Bimalendu Bikash Roy Choudhury J.- This appeal originates from Money Suit No. 9 of 1985 of the First Court of Subordinate Judge, Dhaka. The respondent Hosne Ara Begum as plaintiff brought the same against the appellants, Government of Bangladesh and Additional Deputy C..Category: Property Law | Date: | Hits: 72
AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)
.... ABM Nurul Islam, Senior Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate on Record — For the Petitioners. Not Represented — Respondent. Criminal Petition for Leave to Appeal No. 135 of 1996. (From the judgment and order dated 28-5-96 passed by t......d Rule, Criminal Revision No. 382 of 1992. A Division Bench of the High Court Division by the impugned Judgment and order dated 28-5-96 discharged the Rule holding, inter alia, that in view of the amendment made by Act XLII of 1992 to the provisions of section 167 Cr. P. C., which being a proced...... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ..Category: Criminal Law | Date: | Hits: 87
Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
....rative Tribunal, Dhaka in Administrative Tribunal Case No. 27 of 1989, dismissing the appellant’s application under section 4(2) of the Administrative Tribunal Act, 1980 (Act No. VII of 1981), henceforth the said Act. 2. The appellant, a Manager in the Audit Division of the Head Office, Agrani ......e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ......f 1984. By a judgment and decree dated 28-3-85 the appellant’s suit was decreed and the impugned orders dated 16-2-79 and 11-12-81 were declared to be void, illegal and without jurisdiction and the plaintiff were declared to be still in service in the eye of law with loss of 3 years seniority in s..Category: Administrative Law | Date: | Hits: 131
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