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Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
....ng 6 rooms was requisitioned on 1 July 1974 and the other rooms on 16 July 1974 for use and occupation of the Jatiya Rakshi Bahini and that the notices of requisition of the different parts of the holding were duly served upon the respondent and others who were then in possession thereof. It als...... facie void, writ petition is not maintainable…………………(13) Cases Referred To: Begum Lutfunnessa vs. Bangladesh, 42 DLR (AD) 86; Government of Bangladesh and another vs. Syed Chand Sultana and others, 51 DLR (AD) 24. Lawy..Category: Property Law | Date: | Hits: 73
Zenith Packages Limited Vs. Member Labour Appellate Tribunal Dhaka and others, 2000, 29 CLC (AD)
....) of the Ordinance and that the settlement was not a settlement within the meaning of section 2(XXIV) of he Ordinance read with Rule 3(1) of the Rules 1977. 5. The Tribunal allowed the case holding that the benefits obtained under a terminated settlement has a binding force till a new se......ip;…….Respondent Judgment May 28, 2000. The Code of Civil Procedure, 1908 (V of 1908), Order XLVII rule 1 Supreme Court Rules, Rule 26 Court cannot sit over its own judgment by way of appeal in a circuitous manner to hear the same grounds already con..Category: Labour and Industrial Law | Date: | Hits: 127
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....on 19 of the Customs Act and the High Court Division failing to notice the distinction of the facts of the present case and the aforecited decision in 48 DLR (AD) 199 committed an error of law in holding that the duty is to be paid on the tariff value prevalent on the date of opening of the let...... maintainable………(36) Cases Referred to- Collector of Customs, Chittagong and others vs. Ahmed Hossain and others, 48 DLR (AD) 199; Mostafizur Rahman vs. Government of Bangladesh and others, 51 DLR (AD) 40; Collector of Customs vs. Abdul Hannah 42 DLR (..Category: Fiscal/Taxation Law | Date: | Hits: 94
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
.... remove the plaintiff from his service. 4. After considering the evidence both oral and documentary and the law involved learned Assistant Judge by judgment dated 25 1-1996 decreed the suit holding, inter alia, that the procedure laid down under rules 15 and 16 of the Service Rules for th......Justice, Service Matter The order of removal having not been made by following the law and without giving the plaintiff any opportunity to show cause subsequent approval of the same by the Governing Body cannot make it lawful or valid……(11) Lawyers Involved: ..Category: Others | Date: | Hits: 84
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....document is the proper price and not a lesser price. The trial Court as well as the appellate Court has not, it appears, considered these documents of the defence which was very much necessary for holding that the questioned document is a deed of mortgage. When the allegation is that the recital......w to the effect that the deed in question is a mortgage deed and wrongly held that the deed is an out and out sale deed. (4) Whether the learned Single Judge misconceived the relevant law governing the suit for redemption of mortgage and erroneously reversed the judgment of affirmance o..Category: Property Law | Date: | Hits: 64
ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)
....the office of Director and that such nomination needs to be considered by the Board of Directors to determine the eligibility of the candidate and/or his agent and also to make arrangements for holding a vote. This is what is meant by “recommendation by the Directors. The “recomm......merce Bank Limited (IFIC Bank) so far as it relates to the election of directors of the said Bank. 7. Syed Ishtiaq Ahmed, a Senior Advocate of this Court, was appointed Chairman to preside over the Annual General Meeting of the said Bank for the year 1997 and to submit his report by orde..Category: Business or Commercial Law | Date: | Hits: 107
Chowdhury Nasimul Baqui Vs. Bangladesh Steel and Engineering Corporation& others, 2000, 29 CLC (AD)
....ain, learned Counsel for the appellant, submits that clause (8) of regulation 42 having been omitted during the pendency of the proceeding, the High Court Division fell into an error of law in not holding that the repeal of the said clause could not have retrospective operation affecting the ves......ssion of clause (8) of regulation 42 of the Bangladesh Steel and Engineering Corporation Employees Service Regulations, 1989, hereinafter referred to as the Regulations; the appellant could yet be governed by the said provision. 3. The appellant was appointed Inspector of Purchases, Stee..Category: Employment/Service Law | Date: | Hits: 69
Bisheswar Bhattacharjee Vs. Shantimoy Bhattacharjee and others, 2000, 29 CLC (AD)
.... 2. The plaintiffs’ application for striking out the defence was ultimately taken up for hearing on 17 November 1996. After hearing the parties the learned Subordinate Judge rejected it, holding that the requirement of Order 11, rule 8 to answer interrogatories was directory and that t......udge refusing to strike out the defence. This petition merits no consideration and is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 124. ..Category: Procedural Law | Date: | Hits: 97
Abdus Sattar and others Vs. IFIC Bank Ltd., 2000, 29 CLC (AD)
.... of the decretal amount as the bank guarantee is as good as cash money. 3. The learned Judges of the High Court Division by the impugned Order summarily dismissed the Memorandum of Appeal holding that the petitioners not having had deposited 50% of the decretal amount in cash the Memora......ns raised for the aforesaid reasons are of no substance. The petition is dismissed with any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 122. ..Category: Business or Commercial Law | Date: | Hits: 115
Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)
....the writ petition mainly on the ground that it was not maintainable in view of Article 117(2) of the Constitution. 6. The learned Judges of the High Court Division discharged the Rule Nisi holding that the writ petition was barred under Article 117(2) of the Constitution. 7. Invi......ntment. 3. Respondent Nos. 4-63 who were initially appointed as outside cadet Sub-Inspector of Police gradually attained the position of Officiating Assistant Superintendent Of Police. The Government in the Ministry of Home Affairs by notification No. MHA/ Pol-1 Apptt-12/92/60 dated 3 Fe..Category: Constitutional Law | Date: | Hits: 151
Abdul Hashem (Md) @ Bachchu Fakir and others Vs. State, 2000, 29 CLC (AD)
.... High Court Division is misconceived and that the learned Magistrate who conducted the TI Parade not having been examined the learned Judges of the High Court Division committed an error of law in holding petitioners guilty and that the petitioners ought to have been acquitted. 6. From p......n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ..Category: Criminal Law | Date: | Hits: 64
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....nt and in the absence of any prohibition in varying terms and conditions of service and particularly in view of the provisions of Article 136 of the Constitution, the High Court Division was wrong in holding that imposition of conditions in Annexure F(1) in respect of judicial officers in without la...... etc be enacted or framed or made separately for judicial service and judicial magistracy…………………76(5) Article 115 Impugned orders are declatered ultra vires the Constitution. The Government be directed to establish a separate judicial pay commission forthwith as a part of the rul..Category: Constitutional Law | Date: | Hits: 829
Badsha Mia & Others Vs. Abdul Kader and Others, 2000, 29 CLC (AD)
....ading to filing a revisional application by defendant Nos. 8 and 9 in the High Court Division and the High Court Division issued a Rule which on contest was made absolute by a learned Single Judge holding that section 32 of the Arbitration Act, 1940 bars a suit challenging the validity of an awa...... making the award Rule of the Court passed in Other Class Suit No. 283 of 1978 were fraudulent and void respectively stating, inter alia, that as defendant Nos. 8 and 9 tried to construct a pathway over the land of the plaintiffs a dispute arose and on being asked by defendant Nos. 3 and 4 to si..Category: Civil Law | Date: | Hits: 104
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....l Procedure is applicable to the proceeding of Artha Rin Adalat to the extent it is not inconsistent with a contained in the Artha Rin Adalat Ain and as such High Court Division acted illegally in holding that Order 9 rule 9 of the Code is not applicable in a case under the Ain. 12. Sub......pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ..Category: Business or Commercial Law | Date: | Hits: 104
Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)
....from judgment and order dated 10-7-97 passed by a Division Bench of the High Court Division discharging the Rule Nisi obtained by the appellant A Rahim Choudhury in Writ Petition No. 5764 of 1996 upholding the order of respondent No. 1. Bangladesh Bank dated 22-12-96 directing the appellant to r......mittee Court Division observed as follows: “The said report after discussing alleged irregularities committed by petitioner made the following recommendation for consideration by the Governor of Bangladesh Bank. Bnaker amanot karider shartho khunno hoyeche .amotaobosthai st..Category: Business or Commercial Law | Date: | Hits: 116
Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)
....d not announce the result of counting of ballots and there having been clear violation of Rule 39 of the Election Rules, the returning officer rightly and in accordance with law recommended for holding re-election at the disputed centre, which report the District Election Officer in the disc......ip;…………..Appellant Vs. AKM Abdullah and others……………… Respondents Judgment January 17, 2000. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), Section 26 When the election proc..Category: Election Law | Date: | Hits: 110
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
.... trial and accordingly obtained a Rule in Criminal Revision No. 1236 of 1991. By the impugned judgment and order dated 22nd May, 1995 a Division Bench of the High Court Division discharged the Rule holding, inter alia, that the proceeding in question having been stopped under section 339C(4) Cod......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ..Category: Criminal Law | Date: | Hits: 59
Moslem Uddin (Md) Vs. State and another, 2000, 29 CLC (AD)
....thological disposition for passing such summary orders, which is absolutely wrong. A similar order passed in another case came before us and we set aside the same in Criminal Appeal No. 24 of 1998 holding that such a violative order cannot be legally sustained. 3. While we express our e......t of the Sessions Judge. In the circumstances, the petition is grudgingly disposed of with the observations as above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 50. ..Category: Criminal Law | Date: | Hits: 59
Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)
..... Md. A Kader Munshi…………….. Plaintiff-Respondent Judgment January 23, 2000. The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11(d) There is no illegality in holding that the question of limitation and res judicata are mixed question of law and fact which n......ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49...Category: Civil Law | Date: | Hits: 142
Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)
....ble Property (Temporary Provisions) Order, 1972 (President’s Order No. 142 of 1972), the Government was a necessary party to the suit, but the High Court Division committed an error of law in holding that the suit was not bad for non-joinder of party. 5. The object of the President......l arises, was brought by respondent Nos. 1-7 for re-conveyance of the land described in schedules 'Ka' and 'Kha' to the plaint, for confirmation of possession in 'Ka' schedule land and also for recovery of khas possession in 'Kha' schedule land. According to the plaintiffs, their predecessor, Ab..Category: Property Law | Date: | Hits: 47
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