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Zahirul Islam and Abul Kalam Azad Vs. National Bank Limited and others , 1994, 23 CLC (AD)
....cessary for preferring an appeal under section 7 of the Act. 9. Reading sections 6 and 7 of the Artha Rin Adalat Act together we are of the view that the petitioners are not entitled to file any cross ‑objection, under Order 41, rule 22 of the Code of Civil Procedure. The cited case ......er Order 41, rule 22 of the Code of Civil Procedure. The cited case has got no relevance. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 110 ......tion 6 of the Artha Rin Adalat Act a defendant can only challenge the decree of the Artha Rin Adalat by filing an appeal under section 7 of the Act. The High Court Division correctly held that the proceeding, initiated by filing a cross‑objection under Order 41, rule 22(1) of the Code, is,..Category: Civil Law | Date: | Hits: 122
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
.... are briefly set out below. The appellants before us in both the appeals are the Bangladesh Agricultural Development Corporation, briefly, the BADC; and the respondents area construction company, Kibria and Associates Ltd. There was an Agreement between the appellants and the respondents f......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......tration clause (Clause No. 17) of the Agreement. A retired Judge of the Supreme Court was appointed the Arbitrator by mutual consent of the parties, and the Arbitrator entered upon the arbitration proceeding from 30 June 1990 and gave his Award on 20 September 1990. By his award, the Arbitrator ..Category: Business or Commercial Law | Date: | Hits: 98
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....e 7,1988 passed by the High Court Division in Writ Petition No. 162 of 1985 striking down an order of derequisition. 2. Respondent No. 1, M/s Commercial Trust of Bangladesh, a Private Limited Company, filed that writ petition calling in question, the memo dated June 4, 1985 of the Ministry of La......ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ......, Barisal or before the Ministry when it took the decision to resume land on July 10, 1983, and (3) the Government illegally allowed a stranger, Tarini to act and operate as a party to the resumption proceeding between the lessor and the lessee. 6. The appellant's first contention is, that the H..Category: Property Law | Date: | Hits: 69
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....er some questions in writing which he did and made his submissions personally on 16.9.86. As there was no witness/officer examined from the side of the Bank there was no question of cross-examining anybody. The authority served a second show cause notice for awarding the major penalty of dismissal......he Tribunal could not say that the sentence awarded in the present case did not reflect a consideration of all the circumstances of the case as admittedly the respondent was personally heard at every stage and particularly during his appeal before the Board, he was heard by the disciplinary cases co......th the main question as to whether the Tribunal was justified in interfering with and varying die order of dismissal even after finding further that there was no procedural defect in the departmental proceeding, we would like to dispose of the first contention of Mr. Asrarul Hossain questioning the ..Category: Administrative Law | Date: | Hits: 143
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....e by the Law Reforms Ordinance, 1978. 4. Under sub-section (1) of section 439A of the Code of Criminal Procedure (hereinafter referred to as the Code), the Sessions Judge may exercise all or any of the powers which may be exercised by the High Court Division under section 439. In other wor......er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......f 1978) reads as under: "Nothing in this section shall be deemed to authorise the High Court Division to convert a finding of acquittal into one of conviction or to entertain any proceedings in revision with respect to an order made by the Sessions Judge under section 439A&quo..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....facts been placed before the Appellate Division, its decisions would have been otherwise. None of the learned Counsels including the Attorney‑General, it may be noted, has supported before us any of the views expressed by the learned Judges in their judgment as to lack of jurisdiction under......nd a revision, but how he (the convicted person) could come under section 561A to quash the proceeding. The Appellate Division held that the inherent power under section 561A can be invoked at any stage of the proceeding, and even after conclusion of trial, if it is necessary to prevent the abus......n as second revision is section, that is, sub‑section (4) of section 439, says that "nothing in this section shall be deemed to authorise the High Court Division " to entertain any proceeding in revision with respect to an order made by the Sessions Judge under section 439A"..Category: Criminal Law | Date: | Hits: 98
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....thereto they filed another objection petition on February 6, 1985 before the Joint Secretary, Ministry of Land Administration and Land Reforms, but that objection petition was rejected without giving any hearing to them. On April 6, 1985 the respondents filed another objection petition before the Mi......f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ......lidly acquired for a public purpose and that on reconsideration the order dated June 4, 1985 was cancelled by the Government by another order dated September 9, 1985, and, thereafter, the acquisition proceedings were completed by issuing the impugned Notification dated November 6, 1986. 4. The Hi..Category: Property Law | Date: | Hits: 64
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
....n joined as new Chairman in November, 1988 and the respondent met him immediately with a representation against the order of the previous Chairman and the new Chairman suggested that he need not file any representation as there was no provision for releasing an officer from the service of the Corpor...... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ......the case thereupon instead of basing its decision on the Various Species of the principle of estoppel which are plaintly attracted in the facts of the case as accepted by the parties in Course of the proceeding in the High Court Division. The most crucial of such fact was that the respondent was ass..Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
....blic interest and the impugned order is liable to be struck down for being passed under Rule 14(5) of the Navy Rules, 1961 and 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 ...... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43.......9, 1991; and some questions were raised in the parliament and press reports were widely published as to the cause of damage to naval vessels, the Government, in all fairness ought to have initiated a proceeding against the petitioner and given him an opportunity to explain his case. 4. In his app..Category: Employment/Service Law | Date: | Hits: 107
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
.... was a Judge of the Supreme Court who has ceased to be a Judge upon attaining 65 years of age and that his appointment in an office of profit in the service of the Republic could not be governed by any contract made under the Public Servants Retirement Act but it was of nece3sity governed by Arti......d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ......d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....ffect from 16 August, 1977. Respondents 6 and 10 could not qualify in the said interview; but Respondent No. 10 qualified in a subsequent Interview held in 1979. Respondent No. 6 could not qualify in any of the Interviews, but was regularised with effect from 30 June 1983 under the provision of the ......and the respondents are thus treated as members of the BCS Engineering Cadres. 10. Rule 9 of this Composition and Cadre Rules, 1980 provides that the seniority of the members of the service at the stage of entry shall be determined in the order of merit as declared by the Public Service Commissio......e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ..Category: Employment/Service Law | Date: | Hits: 97
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....on 26‑1.81. The learned District Judge himself noticed in his order dated 9.6.92 that the appeal was barred by 10 years 301 days but even then he admitted it. Admittedly the appellants did not file any application for condonation of delay under section 5 of the Limitation Act except making some st......Krishnasami Vs. Ramasami, 41 Madras 412 (PC) and Sunderabai Vs. Collector, 43 Bombay 376 (PC) impressed on the courts in India the urgent expediency of adopting a procedure which should secure at the stage of admission the final determination (after due notice to all parties) of any question of limi...... 2112 of 1992, making the Rule absolute in part and setting aside the order dated 9.6.92 passed by the District Judge, Dhaka in Title Appeal No. 218 of 1992 admitting the same and staying all further proceedings of Title Execution Case No. 33 of 1987 of the 3rd Court of Subordinate Judge, Dhaka. ..Category: Procedural Law | Date: | Hits: 121
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....and affirmed that of the learned Chief Metropolitan Magistrate. 9. Leave was granted to consider the submissions then made (1) that the application under section 561 CrPC did not at all lie and at any rate the ‑High Court Division wrongly interfered with the order of the Sessions Judge on the b......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ...... dated 2nd December, 1992 passed by the High Court Division, Dhaka in Criminal Revision No. 1663 of 1992.) Judgment ATM Afzal J.- This appeal by leave, by a distraught father, arises out of a proceeding for custody of his recalcitrant daughter, Ayesha Akhtar (Rima) alias Dolly, respondent No..Category: Criminal Law | Date: | Hits: 68
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
.... 3. The Bank obtained leave from us and filed Civil Appeal No. 42 of 1992 in which the main contention is that the order of termination is in fact a simple order for termination without giving any stigma to the employee and that Regulation No. 22 is not attracted to his case as this Regulati......unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......hat in computing the period of limitation prescribed for a suit or an application, the time during which the plaintiff has been "prosecuting in good faith and with due diligence another civil proceeding" in a Court having no jurisdiction shall be excluded. Section 29 of this Act says t..Category: Administrative Law | Date: | Hits: 149
Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)
....ty concerned is not negligent in conducting the proceeding. 7. What constitutes a negligent conduct is a question of fact. In the present case the pre-emptee petitioner failed to establish any negligence on the part of the preemptor respondents. Therefore, we fully agree with the High Co......nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......of the High Court Division in Civil Revision No. 5326 of 2000 making the Rule absolute. 2. The facts leading to the leave petition are that the preemptor respondents initiated a preemption proceeding, being Miscellaneous Case No. 56 of 1990 for pre-emption under section 96 of the State A..Category: Property Law | Date: | Hits: 68
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
....kabala dated May 26, 1980 by the opposite party No.2, a co-sharer of the holding (in the Miscellaneous case) to the opposite party No.1 (in the Miscellaneous case), a stranger without serving any notice under section 89 of the State Acquisition and Tenancy Act, 1950, that he came to know ab......Act is of no merit since reconveyance was made in terms of the agreement for reconveyance. 17. It is seen that the original owner is actually prosecuting the case after reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the ......reemption upon setting aside the judgment and order of the trial Court. 9. Leave was granted to consider the contention that reconveyance having been made during pendency of the preemption proceeding and as because of that right of preemption cannot be defeated the High Court Division wa..Category: Property Law | Date: | Hits: 67
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)
....etition Mr. AKM Nazrul Islam, learned Counsel appearing on behalf of the petitioner, has taken us through the impugned order and referred to Article 3 of the Order and submits that notwithstanding any other provision of law for the time being in force the provisions of the Order shall prevail an......ed Unnecessarily which we disapprove. 14. In view of the discussion made above, we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. ......instant case, the application under Article 33 of the order was filed before the learned Subordinate Judge (now Joint District Judge) and Artha Rin Adalat and, as such, from the very beginning the proceeding was invalid in the eye of law. Referring to Article 33(5) of the Order, Mr. Huq submits ..Category: Civil Law | Date: | Hits: 95
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....e of Jalaluddin Fakir vs Shajahan Ali Molla and others reported in 1984 BLD (AD) 27. In the case of Akhtarun Nessa and another vs. Habibullah and others reported in 31 DLR (AD) 88 it was held that any objection as to omission of a necessary party must be taken at the earliest possible opportunit...... the interrogatory served on him. Thus he was debarred from making such cross-examination regarding defect of parties and he was also debarred form raising the question of defect of parties at the stage of cross examination of the witness ………..(21) Cases Referred to- ......are said to be necessary parties and accordingly, the appellate Court disallowed the case for defect of parties. 13. Mr. Karim submits that impleading of necessary parties in a pre-emption proceeding is a mandatory requirement under section 96(2) of the State Acquisition and Tenanc..Category: Property Law | Date: | Hits: 64
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....baidul Huque said that he would call a senior officer. But instead, he disappeared from the place even without seeking permission to do so. At the time of their unceremonial flitter, without giving any heed to the legal position that a Judge of the Supreme Court is a Judge, wherever he is, that ......the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ......ant Mustafizur Rahman and Sergeant Russel Arafat arrived. They were ordered to hold back Sergeant Shoaibur Rahman, so that necessary particulars could be obtained with a view to initiating contempt proceedings against him. Traffic Inspector Obaidul Huque said that he would call a senior officer. ..Category: Criminal Law | Date: | Hits: 64
Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
.... Full Court." 14. We are of the view that every Judge, specially of a Superior Court, is capable of dealing fairly with all cases and under all circumstances. No attack, nor any application, can be made on his competence to hold a fair trial and even any plea of truth of s......Senior Member of the Bar and also as an Officer of this Court and we sound word of caution to him for the future. With the aforesaid observations, the Rule is disposed of. Ed. ...... the judiciary and in the letter in question he marked it as secret and thought that in the interest of fair justice it ought to have been informed to the learned Counsel and he is not party to the proceeding. On his behalf, it has been emphatically reiterated that he was not aware of the fact t..Category: Election Law | Date: | Hits: 108
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