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Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....ent cases including two latest cases, both reported in 45 DLR (AD) pages 9 and 175 respectively) this question came up for consideration before, and was decided, by this Court (Appellate Division) holding that the power of the High Court Division under section 561A is its inherent power and that....... The learned Judges then reminded the "Highest Court of the country", meaning the Appellate Division, of its duty which is "only to interpret a law and not make a new law under the cover of interpretation". They observed : "The Supreme Court must take speci..Category: Criminal Law | Date: | Hits: 98
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....nd Land Reforms who was pleased to direct the Land Reforms Commissioner to enquire into the matter. After an open and on the spot enquiry into the matter the Commissioner submitted his report clearly holding that the case land was not essential for the alleged purpose of acquisition and that there w......vision in Writ Petition No. 343 of 1987). Judgment MH Rahman J.- The appeal and the two petitions were heard together and are now disposed by this judgment. The appeal, at the instance of the Government, is directed against the High Court Division's judgment and order dated November 28, 1991 ..Category: Property Law | Date: | Hits: 64
Kalu Mondal Vs. Begum Fazilatun Nessa, 1994, 23 CLC (AD)
....lows: "In the written statement he does not say anything about the damage to the house, the repairs or other things. In that view of the matter the learned SCC Judge was wrong in holding that the defendant effected the repairs of the suit premises at his own cost." ......remises was partly damaged by the Pak Army to which the plaintiff has not effected any repair, From the admission of PW 1 it appears that the tenant's case on this point remained practically uncontroverted. PW 1 also admitted that the tenant paid rent regularly upto January, 1971 and defaulted in..Category: Property Law | Date: | Hits: 79
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
....pondent because admittedly he had not completed 25 years of service then which was a condition precedent for a public servant to exercise the option to retire under the said law. 11. Finally upon holding that the impugned order of release was misconceived, illegal and without 'lawful authority, ......s a Journalist in the Pakistan Observer (nor Bangladesh Observer) he was selected by the Central Public Service Commission of Pakistan to the post of Assistant Director in the Department of Tourism, Government of Pakistan and he joined in the said post on 7.12.68. The Department of Tourism was aboli..Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
....nd not under paragraph 2 of the Order of 1981 and then again not mentioning any where that his service was terminated in the public interest. 6. As per rule. 12 of the Navy Rules any naval officer holding the rank of Rear Admiral retires at the age of 57 years or when he completes thirty years of......kata Rao Vs. Secretary of State AIR 1937 PC 31, Bangladesh Small Industries Corporation Vs. Mahbub Hossain Chowdhury 29 DLR (SC) 41, JamiI Haq Vs. Bangladesh, 34 DLR (AD) 125, Md. Mujibur Rahman Vs. Government of Bangladesh and others 1992 RLD (AD) 96. Lawyers Involved: Asrarul Hossain, Senior..Category: Employment/Service Law | Date: | Hits: 107
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
.... this prohibition was that the high position and dignity of a Judge of the Supreme Court should be preserved and respected even after his retirement and, further that if any provision was made for holding of office, after retirement, then a Judge, while in the service of the Supreme Court might ...... Mustafa Kamal J Latifur Rahman J. Abdul Bari Sarker .............................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Establishment, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka and others…&..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....ssued by the Establishment Division in their Memorandum dated 31.12.70. They provide that seniority of officers will count from the date of their regular appointment and that a person, who is already holding the post "on ad hoc basis", will count his seniority from the date of recommendation by the ......ented by the Secretary, Ministry of Communications, Road and Road Transport Division and another …………Appellants (In Civil Appeal Nos. 44, 45 & 48 of 1992) Ministry of Establishment, Government of the People's Republic of Bangladesh and another …………Appellants [In Civil Appe..Category: Employment/Service Law | Date: | Hits: 97
Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)
....n that construction of section 464 acquitted the accused-respondents. 5. Leave was granted to consider whether the learned Single Judge of the High Court Division was well founded in law in holding that the accused‑ respondents were not guilty under section 467 of the Penal Code. Mr......re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ..Category: Criminal Law | Date: | Hits: 61
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....of delay, the order admitting the appeal was illegal and without jurisdiction. The appellants opposed the application. The learned District Judge by his order dated 14.7.92 rejected the application holding, inter alia, that "the appellants in their Memo of Appeal have taken the ground that there w......Leave was granted to consider whether the learned Judge acted rightly in setting aside the order dated 9.6.92 of the District Judge altogether thereby throwing the appeal of the appellants completely overboard. 6. Khandker Mahbubuddin Ahmed, learned Advocate for the appellants, firstly, submitte..Category: Procedural Law | Date: | Hits: 121
Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 1994, 23 CLC (AD)
....ty which is inexecutable. 4. The High Court Division being moved against the said judgment, discharged the Rule Nisi upon agreeing with respondent No. 1 in its material findings and further holding that the suit of the petitioner was barred by limitation under Article 113 of the Limitatio......nce No. 54 of 1985 before the Court of Settlement, respondent No. 1, in Case No. 794 of 1987. 3. Respondent No. 1 by its judgment dated 6.8.88 accepted the contention of the respondent Government that Dr. Sadrul Hasan was not present in this country both during and after the liberati..Category: Property Law | Date: | Hits: 77
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....ppeals which arose from the same judgment and order of the Administrative Appellate Tribunal. One question is whether the Administrative Appellate Tribunal is well‑founded in law and fact in holding that the impugned termination is a 'punishment in disguise'. The said Tribunal took the vie......at this Article providing for "temporary service" of the Republic was not applicable to the appellant's case; secondly, it was found that the appellant being in the service of Pakistan (Government), his case was governed by Article 177 of the Constitution which like Article 181 of the ..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
.... 6. The High Court Division, though did not accept the contention of the respondent Nos. 1 and 5 that the appellant has no locus standi to file the present writ petition, discharged the Rule holding that the provisions of sections 73, 74 and 75 of Act, 1953 and the provision of sections 1......fic and Transport Problems in Dhaka City, which was headed by the Secretary, Ministry of Housing and Public Works Department, in its meeting held on 7th August, 1986, took a resolution for handing over the above vacant space to Dhaka City Corporation, the respondent No. 1 for the said public Car..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....date his possession continued uninterruptedly for more than twelve years. No particular point of time of assertion of adverse possession has been proved. So, the High Court Division was correct in holding that the plaintiff did not acquire title in the suit land by adverse possession…&hel......f Attorney said to have been executed by Karuna Moyee Dasi appointing certain Bijoy Krishna Majumdar as her attorney in respect of the property of Karuna Moyee Dasi including the land in suit upon overlooking the fact that the said affidavit and the Power of Attorney were not proved by calling t..Category: Property Law | Date: | Hits: 59
Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)
.... 4. The trial Court by its judgment dated 29-11-1998 allowed the application for pre-emption. On appeal the appellate Court by its judgment and order dated 31-10-2000 allowed the appeal holding that the application was barred by limitation. 5. Being aggrieved, the preemptor r......and was purchased with the full knowledge of the preemptor respondents. The latter also refused to purchase the suit land when it was offered to them and thus waived their right of pre-emption. Moreover, the pre-emptee petitioners have developed the case land by spending lot of money and now tha..Category: Property Law | Date: | Hits: 68
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....eir 1875 shares, they could not enter into the mill premises and could not have access to the records and books of the company although the respondent No. 1 and the respondent No. 2, together were holding the majority shares of the company, but they were kept in complete darkness in respect of t...... any dividend and even the minority members were not allowed any access to the account of the company and a salish was held on 18th August 1985 and another on 27th September 1985 over the affairs of the company and it was disclosed in the salish that there was profit..Category: Business or Commercial Law | Date: | Hits: 86
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
....itions have become infructuous and as such the Court was reluctant to examine and decide the question whether in view of the provisions of Article 147 (3) of the Constitution with its proviso, the holding of the post of Executive Director by the appellant after he became a Minister was violative......imaye vs. The Superintendent. Tihar Jail, Delhi and others AIR 1975 SC 1505; M Saleem Ullah Advocate vs. Md. Abdur Rouf, Chief Election Commissioner and others 1 BLC 229; Md. Abdur Rashid Khan vs. Government of the People's Republic of Bangladesh 6 MLR (AD) 8; Manjurul Huq vs. Bangladesh and othe..Category: Civil Law | Date: | Hits: 103
Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)
....n law in interpreting Articles 84, 85, 88 and 90 of the Constitution, the provisions of Order XXI, rules 52 and 56, CPC, Articles 71 and 72 of President's Order No. 127 of 1972 and wholly erred in holding that no Appropriation Act is necessary for withdrawing money from the Consolidated Fund for......behalf by the Account General clearly unless the Finance Minister, after consultation with Accountant General otherwise directs in a proper case; no money can be withdrawn from the Account of the Government without an authority as contemplated in the said Rules and the appellant, in the absence ..Category: Civil Law | Date: | Hits: 104
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
....cellaneous case was filed under section 96 of the State Acquisition and Tenancy Act, 1950. 2. The Miscellaneous case was filed stating, inter alia, that the preemptor is a co-sharer of the holding land of which has been transferred by the kabala dated May 26, 1980 by the opposite party N...... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ..Category: Property Law | Date: | Hits: 67
Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)
......(11) The High Court Division on independent consideration of the materials on record concurred with the finding of the lower appellate Court that the pre-emptees are the co-sharers of the holding by inheritance long before the dispensed sale. The pre-emptor is a co-sharer to the case ho....... In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 70
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
.... of 1978 is not true, that plaintiffs have no right, title and interest in the land of plot No. 203/31. 5. The trial Court on consideration of the materials on record decreed the suit upon holding that Exhibit 2 i.e. kabuliyat, shows that the land in suit i.e. land of plot No. 203/31, wa...... of the land described in the schedule attached to the plaint. 2. The suit was filed stating, inter alia, that land of plot No. 203 of Mouza Dakhin Musapur was recorded in the name of the Government in khas khatian No. 1, that the said plot comprises 100.80 acres of land, that Government..Category: Property Law | Date: | Hits: 51
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