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Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 1974, 3 CLC (AD)
....ers by kabala dated 9-10-58 without giving any notice to him. It was contested by opposite parties Nos. 2 and 4 of the said miscellaneous case which was dismissed by the learned Munsif on 29-8-59 holding that the proceeding is bad for defect of parties as Amena, sister of Somartaban Bibi w......urt took it to be so, then there would be no proper dispensation of justice in the facts and circumstances of the case. In our view the substance of the prayer should be looked into taking an overall view of the facts and circumstances of the case, ignoring the mere technicality of for..Category: Property Law | Date: | Hits: 50
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....ection 96 thereof was brought into force in the area where the land was situated. Then on 23. 1.65 the respondent added certain persons as opposite parties, some of whom are co sharers of the holding and some others are owners of land contiguous to the land under preemption. The sale of the...... of the case the respondent's claim for pre-emption which accrued under section 26F of the Bengal Tenancy Act before the coming into force of section 96 of the State Acquisition Act would be governed by section 26F of the former Act or section of the latter Act. The Division Bench of the Hi..Category: Property Law | Date: | Hits: 60
Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
....eged to have been committed by the accused. Upon a consideration of sections 190 (1) (b) and 173 Cr.P.C Jenkins C.J. and Carnduff J, in the circumstances of the case, set aside the proceedings holding that the police report, i.e., the charge sheet should have set forth the nature of the info...... took cognizance, however, contains the following statement:- "The story of the case in brief is that on 3-8-72 at 2.00 hrs. I being complt. submitted suo motu case under order of Government against accused in col. 3 as candidate filed their nomination papers on 20-10-71 as cand..Category: Criminal Law | Date: | Hits: 63
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....y the plaintiff. The possibility of the arbitration tribunal and the court arriving at conflicting decisions in such circumstances could not be ruled out. The High Court was thus right in holding that there was sufficient reason for refusing the first defendant's prayer for stay of the......aying the suit under section 14 the second defendant ought to have been held to have joined in the prayer. The learned Additional Additional-General who appeared for the respondent, now Government of Bangladesh, contended that the very fact that the second defendant filed an ..Category: Civil Law | Date: | Hits: 110
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
.... very explicit words are used in the statute itself in that behalf such an intention would not be normally imputed to the legislature. 23. For the foregoing reasons we have no hesitation in holding that the Collaborators Order does not give any indication of a legislative intent to d......cond part of clause (2) of article 16 of the Collaborators Order that an appeal was being filed against the order of acquittal. Thereupon, they were set at liberty. Subsequently, however, the Government preferred such an appeal to the High Court Division of this Court. While admitting t..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....rticle 2 is to be examined with reference to 15 December, 1972, the date of commencement of President's Order No. 149 of 1972, when the respondent was not residing in the United Kingdom. 14. In upholding the respondent's contention that proviso to Article 2 is available to him the High Court Div......m the judgment and order dated April 22, 1993 passed by the High Court Division in Writ Petition No. 1316 of 1992) Judgment MH Rahman J.- This appeal by special leave at the instance of the Government is directed against the judgment and order dated April 22, 1993 of the High Court Division..Category: Immigration and Citizenship Law | Date: | Hits: 522
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....ection claiming that the petition under Order VII rule 11 CPC was not maintainable. After hearing both the parties the trial Court rejected the application of the plaintiff by its order dated 19.2.92 holding, inter alia, (a) that the Artha Rin Adalat Act, 1990, shortly the Adalat Act, having provide......provisions (section 5(4), (5), (5Ka), (6) and section 6); and (iv) substantive rights (right of appeal under section 7)……………………(13) The jurisdictional provisions in the Act are the overriding considerations in determining the applicability of the procedural provisions of the Code ..Category: Banking Law | Date: | Hits: 168
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....ecree under section 152 cannot be the starting point of limitation for the purpose of filing an appeal against the decree, and that we find that the High Court Division rightly decided the question holding that the appeal is badly barred by limitation of about four years six months. 12. Th...... from Original Order (Award) No. 224 of 1990). Judgment: Shahabuddin Ahmed CJ.- Government is the appellant in this appeal by special leave. The main question raised here is whethe..Category: Procedural Law | Date: | Hits: 104
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....ppellants obtained leave from this judgment and order of the High Court Division. 5. Mr. Awlad Ali, learned Advocate for the appellants, submits that the High Court Division erred in law in holding that for the ends of justice the High Court Division exercising writ jurisdiction can adopt......4.7.87 issued by respondent No. 1 Rajdhani Unnayan Kartripakha asking the appellants to vacate the requisitioned land. A Rule Nisi was issued thereupon on 15.7.87. Neither respondent No. 1 nor the Government-respondent Nos. 2 and 3 submitted any affidavit-in‑opposition and no one appeared a..Category: Procedural Law | Date: | Hits: 102
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....l as its own departmental school. On these findings, the Rule was made absolute. 9. Mr. Asrarul Hossain, learned Counsel for the respondent-appellant, submits that the High Court Division erred in holding that Regulation 4 (1), and not Regulation 20(1) is attracted in this case. He also submits t...... of a regular Managing Committee of the Staff Welfare High School in terms of Regulation 20(1) of the Board of Intermediate and Secondary Education, Dhaka (Managing Committee of the recognised Non‑Government Secondary Schools) Regulations, 1977, hereinafter called the Regulations. Simply stated th..Category: Property Law | Date: | Hits: 86
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....ndred eighty days from the date of expiration of its term, whichever is earlier. (1A) Where a Union Parishad has ceased to function under the proviso to sub‑section (1) before the holding of the first meeting of the Parishad constituted to succeed it, an Administrator appoint...... of the newly elected Chairman and the members of the said Union Parishad would be held on 15.4.92. The said Upazila Nirbahi Officer by another Memo. dated 16.4.92 asked the writ petitioner to hand over the charge to the newly elected Chairman. The writ petitioner impugned in the writ petition b..Category: Election Law | Date: | Hits: 136
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
....ere given. The last point was argued vehemently before the High Court Division that the heirs of Nanibala were not substituted in the execution case and the High Court Division has erred in law in holding that the heirs of Nanibala were duly substituted although there is no such proof. ......il Procedure was grossly negligent about his duties and in consequence a valuable property of the minors was sold in auction for a debt of Taka 7000.00 which, according to both the sides, would be over Taka 30,000.00. The evidence is that this property is located at Anderkilla and near the court..Category: Property Law | Date: | Hits: 130
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....ntioned here that the learned Single Judge, of course, observed in his judgment that there is inordinate delay in filing this application for amendment of the written statement but he allowed this by holding that the same can be compensated by giving money and consequently awarded cost of Taka 1000.......ered Order 6 rule 17 of the Code of Civil Procedure and allowed the amendment of the pleadings as he thought that such amendment was necessary for the purpose of determining the real question of controversy between the parties. 9. It may be pointed out here that the real question in controversy i..Category: Tenancy Law | Date: | Hits: 81
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....onally responsible for accounts of the school and he was to approve the audit report. From 3 January 1987 to 8 January 1987 the plaintiff was repeatedly asked by defendant No. 2 to issue a notice for holding an emergent meeting of the Managing Committee for discussion of accounts, but he did not pay......the Officer‑in‑Charge of the Motijheel Police Station started a criminal case, No. 66 dated 12 January 1987 under section 406 of the Penal Code, against the Headmaster. The plaintiff did not make over the charge of the office of the Headmaster to the acting Headmaster, and ultimately on 14 Janua..Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
.... Bank, Narayanganj Branch at the relevant time. In connection with a shortage in cash of Tk. 19, 10,000.00 an FIR was lodged by the Assistant General Manager of the Bank whereupon the Police after holding investigation submitted charge sheet under Regulation Nos. 9 and 11 of MLR No. 1 of 1982. T......resaid order of conviction and sentence. An allegation of malafide was raised in the writ petition stating that respondent No. 4 of whose behalf the FIR was lodged was a very high official of the Government and he had exercised undue influence in bringing about the reversal of the order of the S..Category: Constitutional Law | Date: | Hits: 174
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....ejectment order of the trial Court. 6. In revision, defendant specifically submitted that in view of section 18 of the Premises Rent Control Ordinance, the trial Court committed an error of law by holding that the petitioner's lease was determined efflux of time and as such the SCC Judge committe......rol Ordinance read with section 2 (Umma) of the Ordinance the plaintiffs suit was maintainable when the lessor's case was not one of default nor one of bonafide requirement and the tenant was holding over as a statutory tenant, paying regular rent before the Rent Controller. Leave was also granted t..Category: Tenancy Law | Date: | Hits: 87
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....him, he might then consider it as an absolute denial of his title giving him the final cause of action for a suit. If the matter is looked at from this point of view, there should be no difficulty in holding that the date, when the cause of action arose, coincides with the point of time when the dep......J AKM Nurul Alam……………..Appellant Vs. Bangladesh ………….Respondent (In Civil Appeal No. 24 of 1992) Mohammad Jahangir Kabir.......................Appellant Vs. Government of Bangladesh and Others …………..Respondents (In Civil Appeal No. 82 of 1992) Up..Category: Administrative Law | Date: | Hits: 129
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....(1981) 2, All England Reports 672. 9. Lord Denning, MR, who is well known for his progressive ideas, which sometimes appear to be on the verge of revolutionary changes in law, was all along holding the view that an Arbitrator got full discretion to award interest on the sum found by him a......ports 618; Eddowes Vs. Hopkins (1780) 99 All England Reports, 242; Arnott Vs. Redfern, (1826) 130 All England Reports 549; Page Vs. Newman, (1829) 109 All England Reports 140; London, Chathaim and Dover Rly Co. Vs. Southern Rly Co. (1893) AC. 429; Podar Trading Co. Ltd. Bombay Vs. Franco is Tagh..Category: Business or Commercial Law | Date: | Hits: 98
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
..... 1, M/s Commercial Trust of Bangladesh, a Private Limited Company, filed that writ petition calling in question, the memo dated June 4, 1985 of the Ministry of Land Administration and Land Reforms upholding the order of derequisition of 1.182 acres of land which was earlier resumed by its order dat......y duly received by the owner no order can be made for de-requisition of such acquired land……….(10) Case Referred to- Abdul Mannan Vs. Ministry of Land Administration and Land Reforms, Government of Bangladesh, 27 DLR 597. Lawyers Involved: B Hossain, Deputy Attorney‑General,..Category: Property Law | Date: | Hits: 69
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....the Tribunal will not have power to deal with it in a lesser way. Considering the background of establishing the Tribunals and particularly the terms of Section 4 of the Act, we find no difficulty in holding that a Tribunal is competent to vary or modify an order including an order of punishment/sen......tentions raised therein veer round the same and only question as to the powers of the Tribunal under the Administrative Tribunals Act, 1980 (Act No. VII of 1981), briefly the Act. This judgment will govern both the appeals and in the discussion following parties will be referred to as in CA No. 50 o..Category: Administrative Law | Date: | Hits: 143
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