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Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
....nt one being a portion of the pond while the other is a bite land by the side of a canal and from being chunk of land possession of a small fraction was allegedly hand over without there being any actual measurement P.Ws 2 and 4 having said that there was in fact a sale and not an excha......Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ......t of his submissions that in case of seeking pre-emption in the background of some kind of exceptional fact then in such a case to ascertain the real nature or kind of the transaction party in the proceeding may lead evidence to show the real nature of the transaction and the court is quite..Category: Property Law | Date: | Hits: 44
Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)
....mplating to lease out the same including the suit tank to the respondent. The respondents contested the suit by filing written statements stating inter alia that the appellant did not acquire any title to the suit land by purchase as the suit land was acquired and there by the title vested......etitioner of the aforesaid Title Suit No. 176 of 1984 due to mistaken belief had wrongly described the suit land as acquired by the government. These submissions were never made at any stage in disposing of the title Suit No. 176 of 1984. The petitioner is now making out a third case......l deposit which sufficiently indicates that award was made by the Collector in terms of Section 11 of the Act. Further the plaintiff without challenging the validity or otherwise of the acquisition proceeding challenged the right of the Government to lease out the suit land on the ground that he ..Category: Property Law | Date: | Hits: 20
Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)
....ding dismissal of the Rule and this appearance of the plaintiff-respondent could give an idea to the effect that the necessity of supplying correct address of their possibly was not required any more and as such the delay of about 2 years as mentioned by the learned judges was excusable&q......is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 427. ......vable property from the 4th Court of Subordinate Judge, Dhaka fixing 21.10.1997 for sale of the appellant's properties whereupon he on 21.10.1997 filed an application for staying further proceeding of the execution case for enabling the appellant to bring stay from the Hon'ble Hig..Category: Procedural Law | Date: | Hits: 94
Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)
....97 are that writ petitioner, who is a Diploma Engineer (Electrical) had joined power Development Board on 9.12.1977 as Sub-Assistant Engineer in Dhaka Zone, System Control Center and he served at many places and lastly, he was working as Resident Engineer at Nokia Electric Supply, Sherpur. There......ey-General that the said grounds of non-supply of copies of the inquiry was not taken before the High Court Division is of no consequence. Since this is a question of law and may be agitated at any stage of the proceedings. Further, the decision reported in 41 DLR 138 and the unreported decision......t the said grounds of non-supply of copies of the inquiry was not taken before the High Court Division is of no consequence. Since this is a question of law and may be agitated at any stage of the proceedings. Further, the decision reported in 41 DLR 138 and the unreported decision by the Appell..Category: Employment/Service Law | Date: | Hits: 89
Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)
....ithout notice to his landlord and without arranging for payment his rent as it falls due, and cases to cultivate his holding either by himself or by some other person, the landlord may, at any time after the expiration of the agricultural year in which the raiyat or under raiyat so aban....... Accordingly, the appeal is dismissed without any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ......was not made legally. Therefore, whether the settlement was made orally or not is of little significance. In fact, it has no value in the eye of law. Further, the High Court Division has held that proceedings or Rent Suit No. 150 of 1959 has also no impact upon the claim of the plaintiff since i..Category: Property Law | Date: | Hits: 26
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2004, 33 CLC (AD)
.... that appellant Bank has filed suit, Money Suit No. 7 of 1996, in the Court of Subordinate Judge and Artha Rin Adalat, Jessore for realization of Tk. 39,32,725,92/- (as on 24.6.1996) impleading as many as 7 defendants including the present Respondent Nos. 1 and 2 stating, inter alia, that on the ......urpose, in as much as the Artha Rin Adalat Ain, 1990 nowhere provides that the suit may only be filed in the Artha Rin Adalat only against the borrower, and further that the court could not at this stage give any finding or speculate about the decree that may be passed, that Section 5(1) of ...... 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ..Category: Civil Law | Date: | Hits: 121
Government of Bangladesh Vs. Md. Anwarul Islam, 2002, 31 CLC (AD)
....he Administrative Appellate Tribunal found that after transfer of the respondent from Dhaka to Khulna the Metropolitan Police Commissioner Dhaka had an authority to initiate proceeding and to pass any disciplinary order compulsorily retiring the respondent. The proceeding was intimated under th......late Tribunal as aforesaid as hereby deleted and the appeal is accordingly disposed of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ...... Police investigated the case and submitted a report on 16.7.1984. On 30.7.1984 respondent petitioner was suspended by the Metropolitan Police Commissioner, Dhaka on the basis of that report and a proceeding drawn up against him under the Police Officers (Special Provisions) Ordinance, 1976 on a ..Category: Administrative Law | Date: | Hits: 103
Tariqul Islam Vs. State, 2002, 31 CLC (AD)
....-3-1999 in which 6 (six) persons were killed on the spot and 4 (four) other injured persons died later on apart from hundred others being injured that no accused was mentioned in the said F.I.R nor any one was arrested by the police on duty there from the place of occurrence immediately thereaft......ziz, the Sub-inspector of police of Kotwali Police Station, Jessore, Lodged an F.I.R. on 7-3-1999 stating that 2 (two) powerful bombs were blasted at 1.15 A. M. on 7-3-1999 on the two sides of the stage set up in Jessore Town Hall Maidan in connecting with 12th Udichi Representatives Conf......losive Substance Act. 17. In view of the Above, we are of the view that framing of changes as aforesaid against the appellant are not sustainable in law as there is no sufficient grounds for proceedings against the accused appellant and the High Court Division having not considered the fac..Category: Criminal Law | Date: | Hits: 47
Government of Bangladesh Vs. Md. Akhteruzzaman, 2002, 31 CLC (AD)
....ay be made to section 5(1) of the Government Servant (Special Provisions) Ordinance, 1979 which is to the effect: "When a Government servant is to be proceeded against for any of the offences mentioned in section 3, the appointing authority or and person authorized by h......refore no question of review arises. In view of the above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2002) 335. .......T. Case No. III of 1994 was initiated. On consideration of the facts and circumstances of the case the learned member, Administrative Tribunal, Dhaka, held that no illegality was committed in the proceeding drawn against the respondent and dismissed the case by his judgment and order dated 16.1..Category: Employment/Service Law | Date: | Hits: 62
Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)
....e, he assaulted his father and accordingly his father made a G.D. entry with the local police Station on 5-2-1998 alleging that accused might cause harm to him or to his wife or to his children at any time. Informant, inter alia, alleged that on 4-3-1998 at 2 P.M. while the deceased after tak&sh......ence of prosecution witnesses and other materials on record accepted the death reference and rejected the jail appeal, we find no illegality or any legal infirmity or any defect of law at any stage of the proceeding for our interference and as such we are fully in agreement with the fi......cution witnesses and other materials on record accepted the death reference and rejected the jail appeal, we find no illegality or any legal infirmity or any defect of law at any stage of the proceeding for our interference and as such we are fully in agreement with the findings and de..Category: Criminal Law | Date: | Hits: 55
Alaluddin Vs. State, 2003, 32 CLC (AD)
....rch the dead body of victim was found in the mango-garden of Chainuddin, which is situated about 200 yards away from the house of the petitioner. The informant then went to the police station accompanying the maternal uncle of victim and informed about death of his daughter whereupon unnatural De......iage to the petitioner three years back. Initially, the couple led a happy conjugal life but after one year, the petitioner started torturing the victim both physically and mentally and at one stage, the petitioner drove the victim out of his house whereupon she took shelter in the house of....... 13 of 1998 was started, ended in submission of a final report and so no illegality was committed in filing a subsequent First Information Report on 25.4.1998 for initiating the instant proceeding and regarding the delay in lodging the FIR, the High Court Division also explained the d..Category: Criminal Law | Date: | Hits: 36
Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)
...., submits that the vested right created in favour of the respondent No.1 on giving him seniority by letter dated 8.11.93 can not be taken away by the respondent Nos. 2 and 3 without giving him any opportunity to show cause and without hearing him 24 other employees of DESA who were dismissed......otion to the respondent No.1 and subsequently to other seven officers senior to the appellants and then also promoted the appellants themselves the present appeal has become in fructuous if at this stage the judgment and order of the High Court Division is interfered with there will arise seri&s...... opportunity to show cause and without hearing him 24 other employees of DESA who were dismissed earlier for unauthorized absence having been re-employed subsequently without any departmental proceedings or in terms of order passed by any Court of law but merely at the discretion of the res..Category: Employment/Service Law | Date: | Hits: 82
Khurshid Alam and other Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
.... Dhaka variously under sections 409, 477A and 201 of the Penal Code and under Section 282 of the Companies Act against the Accused petitioner alleging misappropriation of various sums of a company named M/S Master Industries Ltd. falsification of accounts thereof and filing of false return ......d. The judgment and order passed by the High Court Division in Criminal Revision Nos. 88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: 1 ADC (2004) 277. ...... Revision No.104 of 1992 was dismissed. 2. Short facts are that the above mentioned criminal revisions were preferred under section 561A of the Code of Criminal procedure for quashing of the proceedings out of which the above criminal revisions arose. Four Criminal Petitions of the complai..Category: Criminal Law | Date: | Hits: 40
Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)
....heques can be presented on more than one occasions for encashment, with in 6 months from the date of its issuance and the complainant was, therefore entitled to present the cheques in question as many times as thought necessary with in the aforesaid period of 6 months and by serving a notice wit......ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ......s against the judgment and order dated 25.06.2002 passed in Criminal Miscellaneous Case No.5518 of 2001 by a Division Bench of the High Court Division making the rule absolute thereby quashing the proceeding of petition case No. 515 of 2001 under Section 138 of the Negotiable Instrument Act, 188..Category: Business or Commercial Law | Date: | Hits: 138
Qamrul Islam Siddique Vs. Saber Ahmed and another, 2002, 31 CLC (AD)
....use from the place where he was transferred it may be mentioned case before AT and AAT was disposed of solely on matters of law and at no stage allegations against appellant was considered in any respect in disposing of the case. 2. Facts, in short are that respondent No.1 after obtai......nd of being absent without leave or reasonable excuse from the place where he was transferred it may be mentioned case before AT and AAT was disposed of solely on matters of law and at no stage allegations against appellant was considered in any respect in disposing of the case. ......tive Head as because 'Government in the Ministry is the appointing authority of the petitioner" (respondent No.1 in the leave petition). It may be mentioned that the A.T held that disciplinary proceeding against the respondent No.1 was initiated by the competent authority under the presumpt..Category: Administrative Law | Date: | Hits: 95
Chairman and another Vs. Md. Sakhawat Hossain and others, 2004, 33 CLC (AD)
....to his post with all benefits and privileges. In spite of repeated remainders to the authority to set aside his order of dismissal and to restore him to his post the respondent No.1 did not receive any reply from the authority. In the background of the aforesaid facts the Respondent No. 1 served ......benefits. In the afore state of the matter the contention making which leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ......e is no record before us nor it is the case of the respondents that any domestic enquiry was held against the petitioner on allegation made in paragraph 1 of the dismissal order. No enquiry or proceeding having been started against the petitioner on those grounds&nbs..Category: Employment/Service Law | Date: | Hits: 83
State Vs. Abdus Satter and others, 2004, 33 CLC (AD)
.... Sessions Judge, Dhaka. 2. Short facts are that on July 9, 1992 at about 8/9 A.M. the members and supporters of rival unions of employees of the Titus Gas Transmission and distribution company Limited started assembling at the Second floor of the Company's Head office at 19 kawran Bazar,...... and P.W. 5 G.m. Anwar went to the court aforesaid respondents attacked them and for that G.D entry No.7111 dated 14.05.1998 was lodged by A.S.I. Mr. Hazrat Ali who was on duty in the Court. At one stage of the trial Respondents obtained bail from High Court Division. As against that the State m...... to appeal No. 103 of 1996 this Division observed that the respondents prayed for bail previously up to Appellate Division unsuccessfully. They again applied for bail and also for quashing the proceedings which was rejected by the trial court and also by the High Court Division in revision. ..Category: Criminal Law | Date: | Hits: 35
State Vs. Md.Tuku Biswas, 2002, 31 CLC (AD)
....ubmission that the trial of the accused respondent having been held in absentia after observing all formalities as per section 334 B of the Code. The absconding accused could not be given any opportunity for examination under section 342 of the Code and as such the learned Judges of th......ion, however rejected the reference setting aside the conviction, and sentence of the accused respondent and the case was sent back to the Sessions Judge and retrial of accused Tuku Biswas from the stage of examination under section 342 of the Code of Criminal Procedure after his arrest. 3......s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ..Category: Criminal Law | Date: | Hits: 49
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....of 2 years and he had no jurisdiction to allow the interest beyond the date of the award in view of section 29 of the Arbitration Act. 9. It is well settled that an award may be set aside on any one or more of the grounds mentioned in section 30 of the Arbitration Act and here in the ......Justice Hakim. Before Justice Moksumul Hakim parties led both oral and documentary evidence. There 'is absolutely nothing before us to hold that the appellants were gauged by the arbitrator at any stage in producing their evidence both oral and documentary. No objection was raised either agains......e was granted by this Division to consider the following:- "...........the learned Counsel for the petitioner contends that the learned Arbitrator having conducted the arbitration proceeding only for three months had no lawful authority to award the interest on the unpaid amount..Category: Civil Law | Date: | Hits: 89
Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)
....that writ petition on 23.6.1981 calling upon the appellants of the two appeals to show cause as to why the said notice for sale of the said property should not be declared to have been made without any lawful authority and of no legal effect. That rule was ultimately disposed of as anfractuous by ......ct of the said sale deed and as such relief claimed by the writ petitioner respondents in respect of the said sale deed in that writ petition was not granted by the High Court Division at the initial stage of issuing the rule and as such the relief against the said sale deed shall be deemed to have ......ondents can not seek relief against the said sale deed dated 9.11.1989 by filing another Writ Petition No. 4127 of 1992. Principle of res judicata under section 11 of the code is applicable in a writ proceeding as the same is also a civil proceeding. We are, therefore, of the view that relief claime..Category: Tenancy Law | Date: | Hits: 148
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