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DG, Prisons & others Vs. Md. Nasim Uddin, 2001, 30 CLC (AD)
....l post is entitled to a second show cause notice………………………(4) Case Referred to- Jamuna Oil Company Limited and another vs. SK Dey and another 44 DLR (AD). Lawyers Involved: ......out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ......t Md. Nasim Uddin instituted the aforesaid Administrative Case stating that he was a warder in Pabna jail and on 23-10-1992 the Superintendent of Pabna jail ordered for drawing up of a departmental proceeding against him and he himself held inquiry in the absence of the respondent and submi..Category: Administrative Law | Date: | Hits: 137
Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)
....and gave a gratuitous finding of mala fide in favour of the respondent which was uncalled for. 8. True it is that under section 45 of Ordinance No. XXXIII of 1961 no suit is maintainable in any Court calling into question any o done, order passed or proceeding taken by the Board, but a su......dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ......respondent which was uncalled for. 8. True it is that under section 45 of Ordinance No. XXXIII of 1961 no suit is maintainable in any Court calling into question any o done, order passed or proceeding taken by the Board, but a suit as a remedy is available if the procedure provided in the..Category: Constitutional Law | Date: | Hits: 182
Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
....to the Dayabhaga School of Hindu Law, the question of inheritance of the property of Dayal Chose by his brother does not arise so long as Shusila Bala Chose is alive. As Gopal Chose could not claim any interest in dio estate of the testator through him it was found that Gopal Chose had no locus s...... 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 ......Shusila Bala Chose is alive. As Gopal Chose could not claim any interest in dio estate of the testator through him it was found that Gopal Chose had no locus standi to file any caveat in the probate proceeding. It was also found that the caveat was not accompanied by any affidavit affirming the r..Category: Property Law | Date: | Hits: 67
Shaikh Mustainul Haque Vs. Inspector General of Police and others, 1995, 24 CLC (AD)
.... "4. Insertion of new section 7A Ord. LXXXIV of 1976‑In the said Ordinance, after section 7, the following new section shall be inserted, namely: "7A. Revision and review.‑ Notwithstanding anything contained in section 7, the Government may, upon an application made to it by an aggrieved ......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. ......on the case of SA Ali vs. Secretary Establishment reported in 31 DLR (AD) 256, that the appellant having already gone on LPR he was no longer in the service of the Republic and, as such, the impugned proceeding could not be drawn up against him legally. He was found entitled to all pensionary benefi..Category: Administrative Law | Date: | Hits: 111
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....ntinued persistence as late as on 9.1.79. He challenged the order of discharge dated 25.4.77 in the suit on the ground that no proceedings were instituted against him for unauthorised absence or on any other allegations. 3. The Government‑appellants in their written statement denied......sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ......applied for a copy of the order of discharge which he received after continued persistence as late as on 9.1.79. He challenged the order of discharge dated 25.4.77 in the suit on the ground that no proceedings were instituted against him for unauthorised absence or on any other allegations. ..Category: Property Law | Date: | Hits: 124
Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)
....he respondent No.1 submitted a written statement denying the allegations leveled against him. The respondent No.2 is the Chairman T & T Board, Dhaka. 4. The enquiry officer examined as many as 14 witnesses including 4 cited by the respondent No.1 and the respondent No. 1 was also exam......jurisdiction in setting aside the findings of the Tribunal. 13. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 143 ......988 at about 1‑45 PM he abused the Divisional Engineer. (Air condition) T & T Board over telephone and (iv) that on 11.5.1988 he threatened LSD Clerk Mr. Jasimuddin Ahmed. A departmental proceeding was started against him in which one Mr. Md. Ashraful Alam, Divisional Engineer, Managem..Category: Administrative Law | Date: | Hits: 138
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
.... and 19th February, 1987 a number of Airport Development Agency employees insulted a Senior Officer and a Staff of the former Civil Aviation Department which was duly reported to the Chairman without any result. On the 19th February, 1987 they again started assaulting some deputationist officials on......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......o the administration or because he was found to be unsuitable for his post, but because a "punitive measure" has to be taken by getting rid of him by way of retirement thereby avoiding a disciplinary proceeding which would have given him a chance to explain his position and clear his name. The impug..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
....eir walking out of the House first and then resorting to boycott of the Parliament. 2. Being first of its kind, it is necessary to begin from the beginning. Article 106 reads thus: 106. If at any time it appears to the President that a question of law has arisen, or is likely to arise, which......the Information Minister himself expressed his regret and also sought explanation of the statement, yet Leader of the Opposition along with all members of the opposition except Mr. Suranjit Sen Gupta staged a walkout. The Deputy Speaker announced explanation of the statement to which opposition part......re was uproar over a part of the statement made by the then Information Minister and the Deputy Leader of the House requested the Deputy Speaker to expunge the relevant part of the statement from the proceedings of the House and the Information Minister himself expressed his regret and also sought e..Category: Constitutional Law | Date: | Hits: 248
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....rty of their father. On the same day Mr. Chowdhury cancelled the power of attorney by a Memorandum, authenticated by a notary public. In the meantime, the appellant transferred some shares of a Company, subject matter of the alleged Trust, in favour of himself. In the aforesaid circumstances resp......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 ......not be allowed to postpone the jurisdiction of the principal court of original jurisdiction by filing a partition suit and indirectly challenging the validity of the Trust. It is submitted that the proceeding under section 74 of the Trust Act cannot be stayed on the plea of a dispute having been ..Category: Property Law | Date: | Hits: 76
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....in The Law of Insurance, 3rd Edition, 1970 at page 25; Black's Law Dictionary, 4th Edition, page 49; Halsbury's Laws of England, 3rd Edition, Vol. 1, at page 2; AN Ghose vs. Reliance Insurance Company, AIR 1934 (Rangoon) 15; Baroda Spinning and Weaving Co. Ltd. vs. Satynarayan Marine and Fire In......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......mission of the appellant was mainly concentrated on condition No. 19 of the Fire Policy. The High Court Division held that the meaning of the word 'action' is not confined to a suit or other civil proceeding in Court for recovery of damage, because the word 'action has been used in several other..Category: Business or Commercial Law | Date: | Hits: 114
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 ......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 ......he decree. By order dated 13.11.93 both the applications were rejected. The petitioners then filed another application on 21.11.1993 under Order 21 rule 29 Civil Procedure Code for staying further proceedings of the execution case till disposal of Other Suit No. 12/88/320/85 pending in the First..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 ...... 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 ......1.1994 under sections 302/201/114 of the Penal Code which is pending in the Court of a Magistrate. First Class 'Ua' area Bogra unsuccessfully moved the High Court Division for quashing of the said proceeding. The application for quashing under section 561A of the Code of Criminal Procedure has b..Category: Criminal Law | Date: | Hits: 62
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
....dence on record particularly the confessional statement of the accused and the recovery of alamats under seizure list Exts. 2 and 2(Ka), we find that the prosecution has been able to prove beyond any shadow of doubt that the condemned prisoner‑appellant Jahiruddin intentionally Committ......6. The order of conviction rests upon the confession made by the accused and the circumstantial evidence, such as, recoveries made at his instance. The confession was no doubt retracted at a later stage but upon a consideration of the entire matter the confession was found to be true and volunta......prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ..Category: Criminal Law | Date: | Hits: 73
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
.... an abandoned property. The appellant filed an application under section 7 of the said Ordinance which was registered as Case No.668 of 1988 in the Court of Settlement. The Government did not file any written statement but contended mainly at the hearing of the matter that the original lessee wa...... suit and possession having already been taken in execution of the said decree, Mr. Ahmed submits that bar of inclusion under Proviso (a) is attracted in the facts of this case. 21. At this stage section 5 of the Ordinance may be quoted for ready reference: "5. Publicati...... 1985 (Ordinance No. LIV of 1985), briefly, the Ordinance. Accordingly they are taken up together for disposal although the facts of the two cases are different and they arise out of two different proceedings. 3. Civil Appeal No‑80 Of 1993 is from judgment and order dated 29 July, ..Category: Property Law | Date: | Hits: 86
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....ent to such appellate authority as the Corporation may decide in this behalf' within six months of receipt of the order imposing punishment". The appellant‑Corporation did not designate any appellate authority within 6 months of the passing of the order of discharge dated 17.7.86. On ......nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ......ivision in Writ Petition No. 128 of 1987 making the Rule Nisi absolute. 2. The respondent, who was an Assistant Commercial Officer of the Corporation, was proceeded against in a departmental proceeding on three specific charges contained in the charge‑sheet dated 8.5.86 requiring hi..Category: Employment/Service Law | Date: | Hits: 134
Bangladesh Road Transport Corporation Vs. Aminur Rahman & another, 1995, 24 CLC (AD)
....f respondent No. 1 was terminated in terms of Regulation No.55(2) of the Bangladesh Paribahan Karmachari Probidhanmala, 1990 which authorises termination of service of an employee without assigning any reason. The impugned order was a termination simpliciter without any blame or stigma and passed....... 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 ...... that Regulation 55(2) was used as a camouflage for hiding the real purpose of' the petitioner, namely, the respondent was removed by way of a major punishment for his misconduct, etc. without any proceeding. 7. In the circumstances, we do not think it to be a fit case for interference. ..Category: Employment/Service Law | Date: | Hits: 101
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....last adjourned to 6 July 1994 for examination of prosecution witnesses, but the informant of the case filed an application on 31 May 1994 before the High Court Division for transferring the case to any Court of competent jurisdiction in some other Sessions Divisions taking the ground that the pu......ecord of the case shows that accused Anwar Hossain had been in custody for a long time during which period he unsuccessfully filed applications for bail upto the Appellate Division. But at the last stage he filed another application for bail on the ground of illness supported by a medical certifi......ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ..Category: Criminal Law | Date: | Hits: 67
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
.... was no reference to the occurrence in the 'Elahi timber' or with regard to the involvement of the respondents in the murder of Mahabbat Ali and Jamshed Ali. There is nothing on record to show that any other person made any First Information Report or lodged any complaint in Court alleging commi......supplementary charge‑sheet against the respondents after a thorough and further investigation the learned Judges were not justified in quashing the proceeding against the respondents at this stage without cognizance being taken by the Sessions 13. We have purposely quoted extensivel......p; ATM Afzal J: This petition, by an unusual petitioner, arises out of an unusual Criminal proceeding where Police in the name of further investigation made the informant and witnesses of t..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
.... grounds of detention, 2) that almost all the grounds served on the detenu are absolutely vague, unspecified, indefinite and lacking in necessary particulars thus depriving the detenu from submitting any effective representation signed by the Assistant Secretary (Security 1) Ministry of Home Affairs...... 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 ......his regard at the Bandar thana. In the meantime the Authority served notice upon the Islami Sramik Shangha to restore possession of the premises used by them and finding no response filed an eviction proceeding against them in the Court of a Magistrate who by order dated 5.10.92 ordered the Islami S..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
.... clearance certificate and gave its photo copy to the respondent saying that he was proceeding towards finalisation of all the arrangements for registration of a kabala; but thereafter did not take any step further. The respondent offered the balance of Taka 2 lakh and requested the appellant to ......(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......he balance of Taka 2 lakh. The appellant accordingly filed an application to the Income‑tax Authority for a clearance certificate and gave its photo copy to the respondent saying that he was proceeding towards finalisation of all the arrangements for registration of a kabala; but thereafte..Category: Property Law | Date: | Hits: 69
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