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Special Reference No. 1 of 1995, 24 CLC (AD)
.... parties were being held for resolving the problem, the opposition parties added yet a new demand namely, the ruling party must introduce a Bill in Parliament amending the Constitution to provide for holding at least three future parliamentary elections under a caretaker government; K. And Where......e proper person to be addressed in such matter and it was for him to take the initial steps under the Rules as above. This we want to point out for future guidance of all concerned. However, I handed over the order of the President to the Registrar on the following morning and he gave notice to the ..Category: Constitutional Law | Date: | Hits: 248
Yakub Ali Vs. State, 1995, 24 CLC (AD)
....xamined while the order was passed on the said complaint the proceeding is illegal and liable to be quashed. Mr. Karim in this connection submits that the High Court Division was entirely wrong in holding that the petition dated 1.10.1994 (Annexure‑"F") was not a petition of comp......jected by order dated 13.2.1995. Now this petition for leave to appeal from the same. 2. It appears that there was an First Information Report lodged in Shibganj Police Station on 26.1.1993 over the death of one Nawab Ali and an unnatural death Case No.4 of 1993 was registered. On 1.10.19..Category: Criminal Law | Date: | Hits: 62
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
....death of his wife Velua Khatun on an unfounded suspicion that his wife was a woman of bad character". 7. Leave was granted to consider whether the High Court Division was right in holding that the suspicion of the accused appellant as to his wife's character was really unfounded......an of the local Union Parishad and made a General Diary entry. The Police arrested the appellant and produced him before the Upazila Magistrate on 18 May 1987. The dead body of Velua Khatun was recovered on 18 May 1987 at 3‑30 PM from the fountain of Rajarkul Tarabunia and an Unnatural Dea..Category: Criminal Law | Date: | Hits: 73
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
.... 11. The High Court Division omitted to notice sub‑paragraph (6) and read it with sub‑paragraph (10) of the paragraph 19 of the Fourth Schedule of the Constitution. It clearly erred in holding that the said Rules of 1983 was repealed with the withdrawal of Martial Law on 10 November,......g to him; and that his appointment was neither without jurisdiction nor without lawful authority and,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 the appellant joined the service and acquired a vested right. 3. The common..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....me abandoned property by operation of President's Order No. 16 of 1972 and vested in the Government. 7. The Court of Settlement by its judgment and order dated 23.5.1989 dismissed the case holding, inter alia, that the appellant has not acquired any right or interest in the disputed pro.......668 of 1988 should not be declared to have been made/passed without lawful authority, etc. 4. The case of the appellant, briefly, is that the disputed house was originally allotted by the Government to one Md. Zahooruddin under memo dated 12.6.1962 followed by a proper deed of conveyanc..Category: Property Law | Date: | Hits: 86
Shahidul Islam (Md) & anr Vs. Md. Sayedur Rahman and others, 1995, 24 CLC (AD)
....Division. 2. Plaintiffs filed the suit in a representative capacity and prayed for perpetual injunction restraining the defendants from installing or running any Rice, Dal and Wheat Mill in holding No. 40/1, Chawkbazar within Faridpur Municipal Area, on the allegations that the said holdi...... we are reluctant to interfere with the interlocutory order of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 70 ..Category: Civil Law | Date: | Hits: 95
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....the principle of natural justice and the respondent having not filed any affidavit‑in ‑reply denying the said contentions, the learned Judges of the High Court Division acted wrongly in holding that the order of discharge was passed without giving any opportunity to the respondent an......charged from the service of the Corporation. 3. In exercise of the powers conferred by Article 21 of the Bangladesh Parjatan Corporation Order, 1972 (President's Order No. 143 of 1972). The Government framed the Bangladesh Parjatan Corporation Service Rules. 1980, on 12.11.80 which were p..Category: Employment/Service Law | Date: | Hits: 134
Bangladesh Road Transport Corporation Vs. Aminur Rahman & another, 1995, 24 CLC (AD)
....osed on the petitioner with a stigma of misconduct." 5. Mr. Shafique Ahmed, learned Counsel for the petitioner submits that the High Court Division was in error both in law and fact in holding that the order of removal was not in reality an order of removal simpliciter under Regulati....... 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)
....to enter into the said facts for deciding the writ petition. Finally the Rule was made absolute. 15. Leave was granted to consider whether the High Court Division was justified in law and facts in holding that the grounds of detention served on the detenu were vague, indefinite and unspecified re......……………………………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, AIR 1951 (SC) 157; East Pakist..Category: Constitutional Law | Date: | Hits: 185
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....r, having no authority to sign on behalf of the other defendants, and that the predecessor‑ in ‑interest of defendant No. 6, not being a party to the compromise, there was no basis for holding that the compromise decree in Title Suit No. 145 of 1954 was valid and legal. It is urged t......der section 44 of the Transfer of Property Act, 1882 and section 4 of the Partition Act, 1893 the plaintiffs being stranger purchasers are not entitled to get any possession. She paid rent to the Government and tax to the municipality but the dakhilas and tax‑receipts were looted during di..Category: Property Law | Date: | Hits: 51
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....and by Ext. 1. Hence the plaintiff got 2.081/2 acres of land by the deed of gift. Alep Mondal had no heritable interest in the suit properties and so defendant No. 12 acquired no interest in the suit holding by purchase from the heirs of Aser Mondal. The plaintiff has been possessing her share in th......ushtia in Title Suit No. 444 of 1969. 2. The appellant's mother Suhagi Bewa as plaintiff filed the suit for declaration of title to the entire land of plot No. 2395, for partition and for recovery of possession. Her case was that Fakir Mondal and Alep Mondal (her deceased husband) were orig..Category: Property Law | Date: | Hits: 146
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....and 27.9.90 are Annexures H(1) and H(2) to the writ petition. The appeal to the President was not disposed of due to political situation in the country and subsequent change of the Government and the holding of general election to Parliament. The writ Petition was filed challenging the aforesaid...... Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afazl J Mustafa Kamal J Latifur Rahman J Grihayan Limited.........................Appellant Vs Government of Bangladesh, through the Secretary, Ministry of Public Works and Urban Development, Bang..Category: Property Law | Date: | Hits: 79
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....its of the main case as it is one of the main concerns of a Court of law to see that no one dares to interfere with the course of justice by presenting the Court with a fait accompli.” In so holding we relied upon two English cases, namely, Daniel vs. Ferguson (1891) 2 Ch. 27 and Von Jeel ......th temporary and mandatory injunctions. 2. Plaintiff‑respondent No. 1 instituted the suit against the appellants and defendant ‑ respondent No. 2 for declaration of title and recovery of possession after removing the pucca structures so far under construction and to evict all ..Category: Civil Law | Date: | Hits: 106
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....hose who hold post "connected with defence". 8. The appellant is not entitled to any remedy under Article 102 not because he was a member of a disciplined force but because he was holding a service under the pleasure of the President, unrestricted by any constitutional provision...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps .............Appellant Vs. Government of Bangladesh and other .......................Respondents Judgment August..Category: Constitutional Law | Date: | Hits: 203
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
....r in A Hannan’s case. 15. The learned Additional Attorney-General relying upon Md. Brothers vs. Collector of Customs 48 DLR (AD) 58 submitted that the High Court Division was wrong in holding that the writ-petitions were maintainable. It has been noticed that the High Court Division...... of the case of A Hannan briefly. There was a scarcity of sugar in the country in 1984. Sugar could not be imported then without prior permission from the Chief Controller of imports and Exports. Government by a public notice dated 3-10-1984 allowed import of sugar under the Wage Earner’s ..Category: Business or Commercial Law | Date: | Hits: 126
Arabinda Sarker Vs. Bimalendu Bhowmik and others, 1996, 25 CLC (AD)
....n Subodh Ranjan Sarker and in presence of the testator’s son the petitioner could not claim any interest in the property left by Shashi Kanta Sarker and disallowed the application of the petitioner holding that the objector has no locus standi to file the petition of revocation of the will. 5. ......sion dismissed the appeal only on the ground of locus standi without entering into the merit of the case. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 182 ..Category: Others | Date: | Hits: 99
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....ed the Taxes Appellate Tribunal’s newspaper advertisement dated 25-12-92 and defended it in the Writ Petitions. Leave was also granted to consider that the High Court Division erred in law in holding that the recommendation of the Ministry of Establishment is binding upon the Taxes Appella...... temporary Benches it was visualized that their ten may have to be lengthened. They were paid from the Revenue Budget. Many of them have crossed the limit of 30 years disentitling them from future Government service. At the time of their appointment all formalities including newspaper publication..Category: Constitutional Law | Date: | Hits: 161
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....ity of the case and taking of cognizance. On that date i.e., 25-9-1995, the complainant was examined on oath and the Assistant Superintendent of Police, Sadar Circle was asked to submit a report upon holding an inquiry into the complaint made and the next date was fixed on 8-11-1995. Being aggrieved......vision in revision as aforesaid in which the impugned order was passed. 4. It was submitted before the High Court Division that (1) the learned Special Judge acted illegally in not addressing the Government immediately on receipt of the complaint as to sanction as required under section 6(5) of t..Category: Anti-Corruption Laws | Date: | Hits: 92
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....al by the plaintiffs following leave is from judgment and order dated 6 March 1986 passed by a Single Judge of the High Court Divisions in Civil Revision No.420 of 1985 making the Rule absolute and holding the Title Suit No. 245 of 1985 of the 3rd Court of Subordinate Judge, Dhaka abated as a who......t case. 3. To recall, briefly, the facts of the case, predecessor of the appellants, Akhtar Banu, instituted Title Suit No.9 of 1957 in the aforesaid Court declaration of title to and for recovery and confirmation of possession in certain parts of the suit land. The suit, on transfer to t..Category: Property Law | Date: | Hits: 70
Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)
....t were missing from the record gave much stress to the order dated 25-3-1976 and without considering the report submitted by the Bench Assistant erroneously found that the trial Court was wrong in holding that summons was not served upon the appellant. The learned Judge of the High Court Divisio......igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ..Category: Procedural Law | Date: | Hits: 133
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