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Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ......to perform functions of his office in his absence as Acting Chief Election Commission cannot authorize him, in the absence of authorization from the Commission it self, to exercise and perform any powers and functions under the Order. As such impugned order of the Acting Chief Election Commissio...... is a composite body, an individual member can only act under section (article) 4 of the Order when he is authorised by the Commission itself. A verbal direction of the Chief Election Commissioner to an individual member to perform functions of his office in his absence as Acting Chief Election ......sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ..Category: Election Law | Date: | Hits: 144
Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)
....n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ......of the Constitution and that also discriminatory, that Director Administration by virtue of delegation of authority by the Board of Directors of the Bangladesh Biman Corporation is vested with the power to make Organisation Order 13 of 1995, but as on the basis of the said Organisation Order Sep...... The Bangladesh Biman Corporation Employees (Service) Regulations, 1979, Regulation 12(1) & 15 Promotion of the Employees of the corporation to the higher posts is not a vested right as per rule 12(1) of the regulation. Requirement of Regul......n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ..Category: Employment/Service Law | Date: | Hits: 63
Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
.... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ......refore, held by his judgment dated 21.8.1991 that Gopal Chose had no legal footing to file any caveat, that the caveat dated 26.6.1991 is not a caveat in the eye of law and, as such, the Court is empowered to proceed with the probate proceeding as a non‑contentious one. 4. Caveator&......ted 21.8.1991 passed by the District Delegate and learned Subordinate Judge, 3rd Court, Dhaka in Probate Case No.12 of 1990 rejecting the caveat (filed by the respondent) and further directing him to follow the provisions as laid down in section 288 of the Succession Act, 1925. 2. Facts ...... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ..Category: Property Law | Date: | Hits: 67
Shaikh Mustainul Haque Vs. Inspector General of Police and others, 1995, 24 CLC (AD)
....y further order. No costs. The impugned judgment and order arc set aside and those of the Administrative Tribunal are restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 157. ...... 7A of the Ordinance as amended in 1982. Therefore the appellant could not go to the Tribunal unless the Government took a decision in the matter which was evidently in the exercise of its revisional power under section 7A. The Administrative Appellate Tribunal was therefore patently wrong in holdin......fa Kamal J Latifur Rahman J Muhammad Abdur Rouf J Mohammad Ismailuddin Sarker J Shaikh Mustainul Haque.......................................Petitioner‑Appellant Vs. Inspector General of Police and others...................Respondents Judgment June 14, 1995. Re......y further order. No costs. The impugned judgment and order arc set aside and those of the Administrative Tribunal are restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 157. ..Category: Administrative Law | Date: | Hits: 111
Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)
.... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ......t Division wrongly used the words "for doing complete justice" between the parties. Under ‑the Constitution it is only the Appellate Division of the Supreme Court which has got the power under Article 104 of the Constitution to issue such directions, orders, decrees or writs as m......ain was a defendant in Title Suit No.177 of 1984 in the Fourth Court of Subordinate Judge, Dhaka. The suit was for specific performance of contract for sale of house at Pallabi, Dhaka. On transfer to the Court of 2nd Subordinate Judge, Dhaka the suit was renumbered as Title Suit No.255 of 1985....... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ..Category: Property Law | Date: | Hits: 68
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138......e nor any charge was framed against him. On the basis of the secret report the Government retired the appellant under section 9(2) of Act XII of 1974 on 2.1.88 mala fide and in colourable exercise of power. 3. Respondent No.2 the Chairman, Civil Aviation Authority in its written statement conten......ary, Ministry of Civil Aviation and Tourism and another ……………………..................Respondents Judgment June 26, 1995. Result: The appeal is dismissed. Cases Referred to- Mofizur Rahman Khan Vs. Government of Bangladesh, 34 DLR (AD) 321; State of Punjab Vs. Gurdi......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
.... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ......ent shape; G. And Whereas from a reading of the Constitution, it appears that the basic concept as to the governance of the country is by the elected representatives of the people and transfer of power by one elected government to the next elected Government has been clearly enshrined in the Con......should be excluded within the meaning of Article 67(1) (b) read with definition of 'Session' and 'sitting' as under Article 152 (1) of the Constitution………………..( 72 & 73) Cases Referred to- AIR 1944 (FC) 173; MacManaway (1951) AC 161; Privilege Act 1770, (1958) AC 331; Allocation ...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ..Category: Constitutional Law | Date: | Hits: 248
Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)
....r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ......r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ......ce of defendant‑appellant is directed against the judgment of a Single Judge of the High Court Division passed in Civil Revision No. 3823 of 1991 (Dhaka), remanding Title Suit No. 912 of 1975 to the Assistant Judge, Chuadanga, for hearing of the suit afresh. 2. Plaintiff‑respo......r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ..Category: Property Law | Date: | Hits: 47
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ......directed that after his death his property would be distributed among his children as per Muslim Law. It was alleged that when their father was lying ill the appellant managed to obtain from him a power of attorney dated 11 December 1991 to manage, sell or otherwise dispose of the property of th......man J Halid Hamidul Huq..................Appellant Vs. Nafisa Chowdhury & ors.................Respondents Judgment February 12th, 1995. Cases Referred to- Tirathdas vs. Parmeshwaribai, 1943 AIR (30) Sind 223; (1884) 52 LT 45; (1869) 4 Ch 782; (......ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ..Category: Property Law | Date: | Hits: 76
Abdul Hakim (Md) Vs. Genandra Nath Bashu Roy, 1995, 24 CLC (AD)
....ve no locus standi in the matter (Other Class Execution Case No.4 of 1993). The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 95 ......xecuting the decree dated 31.3.1970 passed in other class Suit No. 149 of 1967. They also claimed that the execution case could nor proceed at the instance of an Indian national through an invalid power of attorney. Their further case is that they are in possession of the suit land and under the......arim, Senior Advocate, instructed by Md. Nawab Ali, Advocate‑on‑ Record ‑ For the Petitioners. Not represented ‑For the Respondents. Civil Petition for Leave to Appeal No. 50 of 1995. (From judgment and order dated 8th November, 1994 passed by the Hi......ve no locus standi in the matter (Other Class Execution Case No.4 of 1993). The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 95 ..Category: Civil Law | Date: | Hits: 109
Yakub Ali Vs. State, 1995, 24 CLC (AD)
.... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ......rong in the procedure adopted by the Magistrate. 6. Mr. Karim next argued that the charge‑sheet having been submitted by the Police in a complaint case, there has been an usurpation of power by the Police which appropriately belonged to the Magistrate under Chapter XVI Cr.P.C. and th......rim, Senior Advocate, instructed by Md. Nawab Ali, Advocate‑on- Record‑ For the Petitioner. Not Represented ‑ For the Respondents. Criminal Petition for Leave to Appeal No.37 of 1995. (From judgment and order dated 13 February, 1995 passed by the High...... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ..Category: Criminal Law | Date: | Hits: 62
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ......taken away without any show cause notice and/or any opportunity of Personal hearing to him; and that his appointment was neither without jurisdiction nor without lawful authority and, as such, the power under section 21 of the General Clauses Act, 1897 was not available to the Government, once t......‑Record- For the Appellant Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate – on ‑ Record ‑ For Respondent No.3. Aminul Huq, Attorney‑General, instructed by Mvi. Md. Wahidullah, Advocate‑on ‑Record ‑ For......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ......eness, that the appellant herself or her husband did not file the suits and cases but one Sardar Nasir Ahmed claiming himself to be an attorney of the appellant filed those suits, that there was no power of attorney in support of this story and as such the enlistment of the case property in the '......Record ‑ For the Appellant (In Civil Appeal No. 49 of 1994). Ex‑parte‑ For the Respondents(In Civil Appeal No. 49 of 1994). Abdul Wadud Bhuiyan, Additional Attorney General‑ Amicus Curiae. Civil Appeal No. 80 of 1993. (From Judgment and......ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ..Category: Property Law | Date: | Hits: 86
Bangladesh Road Transport Corporation Vs. Aminur Rahman & another, 1995, 24 CLC (AD)
..... 7. In the circumstances, we do not think it to be a fit case for interference. The Petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 66 ......ector (technical) of the Corporation a conspiracy was hatched and the Chairman, petitioner No.2, was prevailed upon to pass the impugned order which was done mala fide and in colourable exercise of power. 3. The petitioners denied the allegations and stated further in their affidavit‑......itioner. ANM Gaziul Haque, Senior Advocate, Supreme Court, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑For the Respondent No. 1. Civil Petition for Leave to Appeal No. 146 of 1993 (From judgment and order dated 4th January, 1993 passed by the Hig....... 7. In the circumstances, we do not think it to be a fit case for interference. The Petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 66 ..Category: Employment/Service Law | Date: | Hits: 101
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....rriving at the said finding it has been pointed out that whereas in the order of detention the purpose of the order mentioned was to prevent the detenu from doing acts prejudicial to the economic and financial interests of die State and maintenance of law and order, in para 2 of the grounds it was s......from considering such evidence and, if it thinks fit, coming to a conclusion that the recital is inaccurate. 29. Mr. Islam then submitted that under Article 55(2) of the Constitution the executive power of the Republic shall be exercised "by or on the authority of the Prime Minister" and there be......………………………………………………………Appellant Vs. Dr. Dhiman Chowdhury and others.........................Respondents Judgment August 9, 1993. Cases Referred to- Abdul Latif Mirza vs Government of Bangladesh, 31 DLR (AD) 1; State of Bombay vs. Atma Ram, ...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ..Category: Constitutional Law | Date: | Hits: 185
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ......hen he may like. Secondly, it may extend beyond the life of a licensor and thus bind his heirs, which act will not meet the approval of the Muslim Law, unless it is not beyond licensor's testamentary powers. It follows that the limited interest or an estate for life, if tested by the standard laid d......aw, stemming from some basic distinctions between the concept of property in English law and Muslim Law. Where corpus of the property is transferred for life time and the conditions are attached thereto, the gift is valid but the conditions are void. However, where the intention of the maker of the ......p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ..Category: Property Law | Date: | Hits: 146
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....ayout plan of the appellant was included in tile original Uttara township project. The Central Land Allocation Committee allotted 3300.00 acres of land in 1960 for the project. But the DIT because of financial constraint acquired only 951.00 acres before. It is evident that the acquisition of 393 ac......e it. A "greater public interest" cannot be treated as a guarded secret; it must be disclosed. Of course, if the promise has been made by an officer of the government (or a statutory body) who got no power or authority to do so, then the promise is not binding upon the government. Again, when the go......smissed. Lawyers Involved: Kh. Mahbubuddin Ahmed, Senior Advocate, Supreme Court, instructed by Shamsul Haque Siddique, Advocate‑on‑Record‑For the Appellant. AW Bhuiyan, Additional Attorney‑General, instructed by B Hossain, Advocate–on– Record‑For Respondent Nos. 1 & 4. ......arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ..Category: Property Law | Date: | Hits: 79
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ......state of things existing at the date of the suit or just prior to that date, in order to forestall a possible order of the court, the Court may, in an appropriate, case, in exercise of its inherent power, require the offending party, by issuing a temporary injunction in mandatory form, to restore...... J Babul Kanti Das and others....................Appellants Vs. Abul Hashem and others...............Respondents Judgment July 13th, 1994. Cases Referred to- Abdul Jalil Munshi vs. Abu Bakar Siddique, 35 DLR (AD) 42 at para 12; Daniel vs. Ferguso......extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ..Category: Civil Law | Date: | Hits: 106
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ...... could not claim protection under Article 311 of the Indian Constitution. After referring to the decision it was held in Union of India vs. KS Subramanian AIR 1976 (SC) 2433, 2438 that whereas the power contained in Article 3 10 governs alt Government servants, including those in the services co......h Army Medical Corps .............Appellant Vs. Government of Bangladesh and other .......................Respondents Judgment August 18th, 1994. Cases Referred to- Federation of Pakistan vs. Lt. Col. Z.A. Mazari 1958 PLD 472. Virendra Kumar vs. Union o......uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ..Category: Constitutional Law | Date: | Hits: 203
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ......issions, first, that the learned Additional Sessions Judge having in effect ordered a further enquiry under section 436 Cr.P.C. in Criminal Case No. 182(c) of 1987 there was no warrant for exercising powers under section 561A Cr.P.C. for quashing thereof in the absence of a finding that even assumin......……………….Appellant Vs. Abul Hassan and others……………………….Respondents Judgment August 6, 1996. Result: The appeal is allowed. Cases Referred to- Abdul Quader Chowdhury vs. State, 28 DLR (AD) 38, Farruk Ahmed vs. Abdul Kader Chowdhury, 38 ......sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ..Category: Criminal Law | Date: | Hits: 85
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