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Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....of Home Affairs also appointed a Joint Secretary Ministry of Home Affairs as Inquiry Officer to enquire into the allegations against the appellant The Inquiry Officer did not examine any witness in holding enquiry into the allegations and submitted report finding that the allegations against app......ministrative Appellate Tribunal in Appeal No. 75 of 1991. The appellant while acting as a Director of Fire Service Civil Defence and Rescue Service was placed on suspension under Rule 11(I) of the Government Servants (Discipline and Appeal) Rules, 1985 herein after referred to as the said Rules, ..Category: Administrative Law | Date: | Hits: 138
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
.... persistent in his submission that the market value at the time the policy terminates is the insured value at the commencement of the risk, as held by the Admiralty Court, we have no hesitation in holding that given the history of introduction of Clause 18 in the Time Clauses and the language em...... 18,25,000.00 (vide paragraph 14 of the plaint). (c) The claim is in the third alternative for unrepaired damage, counted by two alternative methods viz, (i) value of vessel less depreciation plus overhead costs incurred (vide paragraph 15 of the plaint). The amount calculated this way will be a..Category: Business or Commercial Law | Date: | Hits: 151
ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)
.... remand to the Executing Court for a decision as to whether the objector-appellant was a representative of the judgment-debtors. The learned Munsif again dismissed the Miscellaneous Case on 8.12.83 holding that the decree-holder was insane at the time of the judgment. On a further appeal by the ...... prescribed the maximum period within which the last execution case is to be instituted. 8. Mr. Md. Moksudur Rahman, learned Advocate for the appellant submits that there are two provisions governing limitation for applications to execute a decree or order. Article 182 of the First Schedu..Category: Civil Law | Date: | Hits: 133
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....d plaint case that title a the plaintiff on 9-2-1984 and there being assertion that rent was ever demanded from defendant before filing the suit on 4-9-1984, learned SCC Judge was clearly wrong in holding that the defendant was a defaulter. 11. Similarly, as to the question of bonafide re...... already deposited amount. She agreed to return the money after withdrawal and executed a receipt on 12-4-1982 accepting that the amount taken would be treated as advance rent if she failed to hand over the amount to the defendant after a withdrawal from the House Rent Control Office. Jahanara Be..Category: Property Law | Date: | Hits: 52
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....worth Taka 1203.00 and plaintiff No.1 promised to adjust the same with the rent of the disputed premises; that plaintiff No.1 during the construction work of judge, extension of the disputed holding took an advance of Taka 17,500.00 from the defendant by cheque and also in cash with a prom...... and that after serving notice upon the defendant under section 106 of the Transfer of Property Act, on 16.6.84 terminated the tenancy and claimed eviction of the defendant along with the recovery of arrear rents of Taka 4,860.00. 3. The defendant by filing a written statement deni..Category: Property Law | Date: | Hits: 56
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
.... petitioner, accepted the nomination paper as a valid one on being satisfied that the appellant was more than 25 years of age on 1-1-95. As such the learned Judges of the High Court Division erred in holding that the Returning Officer had acted without lawful authority in accepting the appellant’s......t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ..Category: Election Law | Date: | Hits: 129
Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 1996, 25 CLC (AD)
....s against the judgment and order dated 29-5-1986 passed by a learned judge of the High Court Division, Circuit Bench, Chittagong in Civil Revision No. 50 of 1985 discharging the Rule and thereby upholding the judgment and order dated 26-1-1985 passed by the learned subordinate judge, Second; Cou......amendment of the plaint. 2. The appellants instituted the aforesaid suit for declaration of their title to, the suit property described in Scheduled ‘A’ to the plaint and for recovery of khas possession thereof evicting the respondents therefrom on the allegations, inter alia ..Category: Property Law | Date: | Hits: 52
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
..... At the final hearing of the Rule the learned Single Judge of the High Court Division rejected the plaint of title Suit No. 354 of 1994 and made the Rule absolute with cost of Taka 1,000.00 after holding, inter alia, that under the settled principle of law the mother was the exclusive guardian ......e law, provided, however, that the First Party shall have visiting rights as mentioned herein. Such visiting rights of the first party shall be exercised by the First Party by having the child sent over to his residence at 405E, Road No. 27 (Old) Dhanmondi Residential Area, Dhaka three days a wee..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....limitation and the relevant circumstances of each case, and we hold accordingly.” 11. Mrs. Rabeya Bhuiyan submits that the above decision of the Lahore High Court, given on the 5th May, 1964, is holding the field for the last 32 years and the said decision escaped the notice of the learned Judg...... maintenance on credit, or disburses it out of her own property, and then either the husband or the wife happens to die, the whole of what has been so raised or disbursed drops or can no longer be recovered. And in like manner, if he should repudiate her, any arrears of maintenance that may have acc..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....ly not competent to certify about the technical quality of the machines. 34. In view of the discussion above we have come to the conclusion that the High Court Division was fully justified in not holding respondent Iqbal Hossain guilty of the offence of cheating also. The substantive offence hav......ission of the learned Additional Attorney- General appearing for the State, that the learned Single Judge of the High Court Division, without any discussion of the evidence on record and without controverting the specific finding of the trial Court that the pumps supplied were old and spurious pumps..Category: Anti-Corruption Laws | Date: | Hits: 92
AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)
.... and after observing all formalities and giving him all opportunities to defend himself the order of compulsory retirement was passed. 4. The Administrative Tribunal dismissed the case after holding that the proceeding started under the repealed Rules of the Government Servants (Discipline......filed the case before the Administrative Tribunal. 3. The case was contested by the appellant by filing a written statement contending, inter alia, that the respondent forcibly occupied the government quarter without any allotment order and he was again and again asked to vacate but on his..Category: Administrative Law | Date: | Hits: 122
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
....rred to in sections 8 and 9 payable by the tenant would be part of the rent which the Ordinance allows. WASA charge being not included in either of the said sections, there appears to be no basis for holding that the same should be treated as part of the rent allowable under the Ordinance. 16. Mr......previous agreement dated 7.1.1981. 12. Clause (5) provides that WASA charge will be paid at the rate of Taka 60.00 only per month by the tenants along with the rent. In case of enhancement by the Government the rate will be enhanced with the consent of the tenant. 13. Rent’ has mot been def..Category: Tenancy Law | Date: | Hits: 82
Shamsul Islam & others Vs. Badiar Zaman alias Bablu and another, 1996, 25 CLC (AD)
....la dated February 1, 1980 executed by Md. Ibrahim in favour of Munshi Abdus Satter predecessor-in-interest of the respondents. The case of the pre-emptor, in short, is that he is a co-sharer in the holding in question with the vendor Md. Ibrahim who executed the Kabala in question on February 19,......earned Judge of the High Court Division erred in law in holding that cousin sister’s son is a relation by consanguinity within three degrees from the donor and the transaction in question is covered by sub-section 10(c) of the State Acquisition and Tenancy Act, 1950. The learned Counsel sub..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
.... days) ought to have been condoned in view of the bona fide explanation offered by the appellant, 2) that there having been error apparent on the face of the record the High Court Division erred in holding that the alternative remedy of appeal barred review and 3) that the error apparent on the f......96) 75 ..Category: Constitutional Law | Date: | Hits: 174
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....e suit as in the meanwhile the plaintiff amended the plaint and made a prayer for recovery of khas possession. In revision the learned Single Judge of the High Court Division dismissed the suit by holding that the two registered kabalas are not hit by section 23 of the Contract Act and that thos......ing bodily injuries to her person. In pursuance of the agreement, the plaintiff executed the two kabalas in favour of defendant No.1 and paid Taka 5,000.00 in cash to her. The plaintiff also handed over possession of the suit land to defendant No.1 who is in possession of the same since then. Hen..Category: Property Law | Date: | Hits: 72
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
....y the Managing Director of Rupali Bank defendant No. 1 by leave, is against the decision of the High Court Division, in Civil Revision No. 3663 of 1991, discharging the Rule on 27 January 1992, and upholding the judgment and decree passed by the District Judge, Noakhali on 28 April 1998 in Title App......ty guard giving him all the termination benefits he was entitled to thereunder. Thus the civil suit against such order of termination simpliciter was not maintainable for want of cause of action. Moreover, section 25 of the Act is a bar for maintaining a suit under section 9 of the Code of Civil Pro..Category: Labour and Industrial Law | Date: | Hits: 152
Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)
....ement Court by making the Rule Nisi absolute. 2. Mr. TH Khan ,learned Counsel appearing for the petitioner sought to argue that the learned Judges of the High Court Division erred in law in holding that the petition under section 7 of the Abandoned Property Ordinance, 1985 was incompetent......er section 5 of Ordinance No. 54 of 1985. Their further case is, that the petitioner brought Title Suit No. 659 of 1983 in the First Court of Munsif, Dhaka for a declaration of his title to and recovery of possession in the disputed house and the suit was dismissed on contest on 30.9.85. Appeal ..Category: Property Law | Date: | Hits: 58
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
.... the Penal Code be issued against the appellant. A Division Bench of the High Court Division by the impugned judgment and order dated 18.4.95 found that the learned Sessions Judge made a third case holding that sanction under section 197 Cr. P. C. was necessary to prosecute the appellant. ......section 203 Cr. P. C. was maintainable. The complainant-respondent may take steps at first for departmental action against the appellant and thereafter may file the criminal case subject to Government sanction for prosecution against the appellant. In its present form the complainant-resp..Category: Criminal Law | Date: | Hits: 60
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
....espondent No. 1 at a shockingly low price of Taka 60 lakh only the High Court Division erred in law in rejecting the plaint. 6. It is further contended that the High Court Division erred in holding that there is no malafide where the Bank did not appear in the trial Court or in the High C......or a bidder. There is no provision under Article 34 for the sale of the property by private negotiation in an arbitrary and malafide manner. The Bank filed Miscellaneous Case No. 91 of 1991 for recovery of their alleged balance dues from the personal properties of the Directors of petitioner No...Category: Business or Commercial Law | Date: | Hits: 107
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
.... of land of plot No. 1 of Shahbag Commercial Area situated on the north of the PG Hospital and on the west of Hotel Sheraton at Dhaka City to a company named International Hotel Holdings Ltd. without holding a public auction at a price much lower than the previously-determined price and on payment o......ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ..Category: Anti-Corruption Laws | Date: | Hits: 105
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