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Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....has been living in Dhaka as a permanent resident with the members of his family. He obtained a Domicile certificate on 26.1.1950 from the District Magistrate, Dhaka. The certificate of Domicile is annexed to the petition and marked as Annexure 'A' The petitioner joined the Pakistan Jute Mill......e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118. ......amed, the court did not decide the issue on merits. We find from the judgment that as the Advocate for the petitioner Mr. M I Farooqui did not place and press the case it was found to be liable to be dismissal for non‑prosecution. We are of the view that since an issue was framed by the Court and ..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
.... The employees under the Factories Board Ordinance, whether are civilian employees in any of the defence services. Administrative Tribunal Act, 1980(Act VII of 1981) Section 4 (3) The expression "person in the Defence Services of Bangladesh", whether includes the petitioner......2 of the Constitution before this Court. In the result, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318 ......t or of any officer authorised for the purpose by the Central Government, that is to say‑ "(a) to determine the terms and conditions of service, recruitment, promotion, transfer, posting, dismissal, discharge, demotion and other disciplinary actions of all officers and other employees: ..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
....erving any copy of the same upon the defendant‑petitioners seeking permission of the Court to sell out the said pledged goods by inviting tenders and ultimately the application was heard on 17.4.90 ex parte and the Court was pleased to allow the same behind the back of the defendant petitione......ing any copy of the same upon the defendant‑petitioners seeking permission of the Court to sell out the said pledged goods by inviting tenders and ultimately the application was heard on 17.4.90 ex parte and the Court was pleased to allow the same behind the back of the defendant petitioners.......it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168 ..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
.... 29 Madras 307; Muhammad Reza and others Vs. Abbas Bandi Bibi, 1931‑32; Achuta Ram and others Vs. Jainandan Towary and others, 1926 Indian Case Vol. 96 at page 287; H and Fabric Limited Vs. Mallik Textile and others, 1985 BLD 271; Ram Chandra Das and others Vs. Md. Khalilur Rahman, 37 DLR (AD) 21.......oid and illegal and hence the plaintiffs acquired no right, title in the suit‑land thereby. The learned Munsif therefore dismissed the suit on contest without cost against the defendant No.1 and ex parte against the rest by his judgment and decree dated 12.12.77. 5. Being aggrieved by the afo...... Court are upheld. There will be no order as to cost. Let the records be sent down immediately along with a copy of this judgment. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 96 ..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....PS dated 7.1.66 and sec. III/IV‑9/67/271 EPS dated 6.5.1967 and also the notice dated 10.3.81 issued to the petitioner for his summarily eviction from the properties described in the said notice Annexure G purporting to be in pursuance of the decision in an earlier Writ Petition No.14 of 1974 Anne......l effect and further declare that the impugned notice Annexure G is also without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 59.
......f 2nd Sub‑Judge, Sylhet. His claim was false. So he allowed the suit to be dismissed. Then he filed Misc. Appeal No. 37 of 1975 in the Court of District Judge, Sylhet for setting aside the order of dismissal and restoration of the case but that Misc. Appeal was also dismissed on contest. Then the ..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
....o.1043 of 1987.
2. The petitioner’s case is that she filed a case, under section 7 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985) praying for exclusion of Holding No.2/10, Block‑F, Joint Quarter, Mohammadpur, (Kha‑20) from the 'Kha' list ......ssioner, Dhaka were added as defendants, but none contested the suit. The Government filed Miscellaneous Case No.217 of 1986 in the 2nd Court of Subordinate Judge, Dhaka for setting aside the said ex parte decree under Order 9, rule 13 of the Code of Civil Procedure which was also dismissed for defa......ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 5.
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Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
....entura Industries Ltd…………………Respondent Judgment February 3, 4 and 5, 1991. Result: The Rule is also discharged. An arbitrator exercises a quasi judicial function. He is both a judge of law and of fact and hence a pure question......a Single Bench of this court examined the point as to the maintainability of the application under the inherent jurisdiction of this court for restoration of an application for setting aside of an ex parte decree passed under section 17 of the Arbitration Act. The court in allowing the application u...... ex parte decree passed under section 17 of the Arbitration Act. The court in allowing the application under section 151 of the Civil Procedure Code held that since no appeal lies against an order of dismissal of an application under Order 9 rule 13 of the Code of Civil Procedure in a proceeding und..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....itioner. Abdul Wadud Bhuiyan, Additional Attorney General ‑For the Respondents. Writ Petition No. 366 of 1987. Judgment Md. Abdul Jalil J. - This Rule was issued at the instance of an ex‑detenu calling upon the respondents namely, the Government, represented by the Secretary Minist......tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ......icle 102(2)(b)(ii) of the Constitution praying for calling upon the respondent to show cause under what authority he claimed to hold the post of Secretary to the Government. Against the said order of dismissal the petitioner preferred the above noted petition for Leave to Appeal and during pendency ..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....in a higher post can be termed a reduction in rank. The post of an IPO is a promotion post. There could not be any promotion to the post of IPO without appearing successfully in the competitive examination of the Department. Any order of reversion after an incumbent's appointment' to a......k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 144. ......, Government of Pakistan and others 17 DLR SC 63 (68) . "It is clearly impossible to construe the expression "until further orders" as conferring absolute power of retention or dismissal upon the competent authority. The matter of public employment is governed by a complex of ..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)
....lief Act, 1877 (I of 1877), Section 42 The suit being one for declaration of title to an unspecified share of an undivided plot of land and there being no evidence that the donor thereof was in exclusive possession at any time, the present suit is not maintainable without a prayer for partitio...... Lawyers Involved: N H Khandkar, Advocate-on-Record-For the Appellant. SR Pal, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent No. 1. Ex parte-Respondent Nos.2‑10. Civil Appeal No.42 of 1985 (From the judgment and order dat......any time the present suit is not maintainable without a prayer for partition. Hence the appeal is dismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ..Category: Property Law | Date: 27 Nov, 1990 | Hits: 47
Shambhu Nath Poddar Vs. Bangladesh Railway and others, 1990, 19 CLC (AD)
....the courts below. 6. It is not disputed that the goods in question were booked with Bangladesh Railway and supposed to reach the destination as railway parcel. Plaintiff has adduced evidence by examining himself to show that the goods were handed over to the Railway the Railway was supposed to...... Mahmudul Islam, Advocate, instructed by Sand Advocate-on-Record-For the Appellant. Shaheed Alam, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondent No. 1. Ex parte - Respondent Nos. 2 & 3. Civil Appeal No. 47 of 1986. (From the judgment and o......tly, the judgment of the High Court Division is set aside and the suit is decreed. The appeal is allowed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 82. ..Category: Civil Law | Date: 19 Nov, 1990 | Hits: 107
Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)
....eld the sale only on the ground that the son of defendant No. 1 being heir of judgment‑debtor contested the suit and as such it must be presumed that the son of defendant No. 1 had knowledge of the execution case when he himself was a party in the execution proceeding. The High Court Division fail......udgment of the High Court Division is liable to be set aside. Lawyers Involved: M Nowab Ali, Advocate-on-Record-For the Appellant. Not Represented- Respondent Nos.1(a) to 1(e). Ex parte - Respondent Nos.2-5. Civil Appeal No.68 of 1985. (From the Judgment and order 10th ......tly, the judgment of the High Court Division is liable to be set aside. In the result, the appeal is allowed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 152. ..Category: Property Law | Date: 11 Nov, 1990 | Hits: 50
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....si has been issued under Article 102 of our Constitution calling upon the respondents to show cause as to why the judgment and order of the Court of Settlement made in case No.230 of 1987 refusing to exclude the building, being the Holding No.300 (old) Road No.25, Dhanmondi Residential Area Dhaka fr......lopment by an order dated October 2, 1975 (Annexure E-6 to this petition) stated that the house in question cannot be treated as an abandoned property and as Nasiruddin was a pension holder and never parted with the administration and supervision of his property a direction to maintain status quo in......ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12...Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
....f getting pre‑emption of four out of five holdings, transferred under the same kabala although he is a co‑sharer in all the five holdings and as such is entitled to pre‑empt them all. The expression "a portion or a share of a holding transferred" means that the co‑sharer, by ......s Involved: Miah Abdul Gafur, Advocate-on-Record-For the Appellants. SS Halder, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate-on-Record-For the Respondent No. 1. Ex parte-Respondent No. 2. Civil Appeal No. 23 of 1986. (From the judgment and order dated ......n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others, 1990, 19 CLC (AD)
.... by Sajjadul Huq, Advocate-on-Record-For the Appellant. Abu Sayed Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1-3. Dead. substitution exempted vide order dated 4.3.87 -Respondent No. 14. Ex parte - Respondent Nos.4-13 & 15. ......Abu Sayed Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1-3. Dead. substitution exempted vide order dated 4.3.87 -Respondent No. 14. Ex parte - Respondent Nos.4-13 & 15. Civil Appeal No.58 of 1985. (From the judgment and...... on a different ground, as stated above. In the result, the appeal is dismissed without, however, any cost. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 60. ..Category: Others | Date: 29 Aug, 1990 | Hits: 115
A Gafur alias Haji Abdul Gafur & others Vs. Jogesh Chandra Roy and another, 1990, 19 CLC (AD)
.....Respondents Judgment August 27, 1990. Result: The conviction of the appellants is set aside. The Code of Criminal Procedure, 1898 (V of 1898), Section 342 Omission to examine the accused under section 342 vitiates conviction if such omission prejudices the accused in......on 537 of Cr. Pc cannot cure such omission. Lawyers Involved: KZ Alam, Advocate, Supreme Court, instructed by Sharifuddin Chaklader, Advocate‑on‑Record‑ For the Appellants. Ex parte‑the Respondents. Criminal Appeal No.14 of 1986. (From the judgment and order dat......ted that the accused be examined under s. 342 Cr.P.C. by the Trial Court and thereupon the case be disposed of according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 62. ..Category: Criminal Law | Date: 27 Aug, 1990 | Hits: 76
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....1 of the Code creates a legal fiction in the sense that the appeal filed by some of the defendants will be treated to be an appeal on behalf of all the defendants and the benefit of the appeal may be extended in favour of the non‑appealing defendants as because the ground of the decree against all......im, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. TH Khan, Senior Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record-Respondent No.1. Ex parte - Respondent No.2. Moinul Huq, Advocate - Amicus Curiae. Civil Appeal No. 43 of 198......d to have abated as a whole inasmuch as there was a joint decree against Nanak and Khair‑ud‑Din. The question was whether the abatement of the appeal in respect of Nanak would result in the total dismissal of the appeal or whether the appeal of Khair-ud-Din could still be, proceeded with. On beh..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Nannu Gazi Vs. Awlad Hossain & others, 1990, 19 CLC (AD)
.... served by framing a charge against the accused- alibi - mere submission of some papers in support of alibi is not sufficient. The papers should be produced in evidence by witness who must face cross examination on the papers produced. Lawyers Involved: Rafiqur Rahman, Senior Advocate, in...... Chaklader, Advocate-on-Record-For Respondent Nos. 1-5, 7, 71 & 12. B Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No.16. Ex parte - Respondent Nos. 9-10 & 13-15. Criminal Appeal No.17 of 1987. (From the judgm......t aside and it is directed that the case (GR Case No.1185 of the Court of Upazila Magistrate, Amtali) proceed according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 63. ..Category: Criminal Law | Date: 14 Aug, 1990 | Hits: 60
Golam Kader Vs. Abdul Khaleque Choukder and others, 1990, 19 CLC (AD)
....uit No.7 of 1969 with the present suit, if they so desire. Consequently, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 106. ......wyers Involved: B Hossain, Advocate-on-Record-For the Appellants. MG Rabbani, Senior Advocate, instructed by Shamsul Huq Siddique, Advocate-on-Record-For the Respondent Nos.1 and 2. Ex parte-Respondent Nos.3(a) to 3(d), 4 and 5. Civil Appeal No. 120 of 1984 (From the Judgmen......uit No.7 of 1969 with the present suit, if they so desire. Consequently, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 106. ..Category: Civil Law | Date: 13 Aug, 1990 | Hits: 94
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
.... Salam Sarder (P.W.7) and Ensan found the dead body which was carried to the north of the house of Nurul Haque and kept there on the road. The witnesses saw a black mark on the neck of the dead body, excepting a shirt and genji on the upper part, the body was naked. So Abdul Hai put his gamcha on th......vocate-on-Record-For the Appellant. Mainul Hosein, Advocate, Joinal Abedin, Advocate, with him instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondents Nos. 1 and 3-4. Ex‑parte ‑ Respondent No.2. Criminal Appeal No. 30 of 1986. (From the Judgment and Order ......nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
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