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AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)
.... 2. Respondent who was an Upper Division Assistant of GM Office, Postal Life Insurance, Dhaka filed Administrative Tribunal Case No. 154 of 1987 alleging, inter alia, that he was not allotted any official quarter though he was entitled thereto; that he requested the General Manager, Postal ......udgment and order of the Administrative Tribunal is restored. The appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 97 ......en 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 failure to do so proceedings under the Government Servants (Discipline and Appeal) Rules, 1976 was taken against him..Category: Administrative Law | Date: | Hits: 122
Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)
....ly discharged. 5. Mr. Nurul Islam (Sujan), learned Advocate for the petitioner, submits that the High Court Division was in error in taking the aforesaid view as the same is not based upon any principle or precedent. He also submitted that the High Court Division acted illegally in not c......ter to the trial of case by Magistrate, by the Law Reforms Ordinance, 1978 took the view that an application under section 561A will be premature unless the accused-petitioner had gone through the stages under section 265C or 241A, as the case may be, and had not been discharged thereunder. The ......vision Bench of the High Court Division in Criminal Revision No. 717 of 1991 discharging the Rule obtained on an application under section 561A of the Code of Criminal Procedure for quashing of the proceeding in OR Case No. 3206 of 1988 pending for trial before the Additional Chief Metropolitan M..Category: Criminal Law | Date: | Hits: 71
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
....ondents. Rafique-ul-Huq, Senior Advocate — Amicus Curiae. Civil Appeal No. 20 of 1995. (From the Judgment and Order dated 12-7-94 passed by the High Court Division in Company Appeal No. 1 of 1993). Judgment: Mustafa Kamal J:......issions on the merit of the judgment of the learned Company Judge have been heard by us with a view to seeing whether the respondents have a case for obtaining a leave from this Court even at this stage from the decision of the learned Single company Judge. We express no opinion on the submissio......) to that effect. By way of assurance for payment of the share of profits he gave an undated cheque for Taka 5,00,000.00 in favour of appellant No. 1 giving out that there was an arbitration proceeding between the company and the Power Development Board on determination of which he expecte..Category: Business or Commercial Law | Date: | Hits: 118
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....nexure “F”) but the Ministry of Education was not acting in pursuance of the decision of the Ministry of Establishment finalised through the Public Service Commission. In the meantime many of the teachers of the nationalised colleges retired and some of them were on the verge of reti......al Attorney-General made any submission that the Government do not own Annexures “E” and “F” or that the Government for any reason have changed its mind in the matter at any stage. 26. The factual background of the case being thus what it is, we think it is too tech......ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ..Category: Constitutional Law | Date: | Hits: 174
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....r declaration that the two kabalas executed by the plaintiff and registered on 12.4.76 and 6.10.76 in favour defendant No.1 are illegal and inoperative and, as such, defendant No.1 has not acquired any right, title and interest in the suit land and that the plaintiff is the owner and possessor of......easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ...... and 6-10-76 in favour of defendant No. 1 were illegal and void as no consideration passed. In paragraph 1 of the plaint it has been stated that between the plaintiff and defendant No.2 a criminal proceeding under section 107 of the Criminal Procedure Code and a criminal case under section 427 o..Category: Property Law | Date: | Hits: 72
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
....September 1987 passed by the Assistant Judge, Ramganj decreeing Title Suit No. 41 of 1986 and declaring thereby that the termination of employment of the plaintiff has been done illegally and without any lawful authority and that the plaintiff is still in the employment of the Rupali Bank. 2. Pla......ause of action as the Bank in the impugned order of termination had expressly allowed him all his termination benefits. This question being related to the merit of the suit cannot be reopened at this stage, because the leave was granted only for a limited purpose, as already mentioned. Thus, for obv......ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ..Category: Labour and Industrial Law | Date: | Hits: 152
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
....t of the Metropolitan Magistrate was received by him on 7.5.94. It was stated in the enquiry report that it was the duty of the appellant to bring to the notice of the Managing Dire of the Sangstha any irregularity or illegality that the respondent may have committed during the period of his ser......of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ......e committed during the period of his service in the Sangstha. The appellant has done it in his official capacity. The allegations against the respondent have not been disproved in any departmental proceeding or otherwise. It has not’ been proved that the appellant took steps to publish the..Category: Criminal Law | Date: | Hits: 60
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
....ter will be required. We have considered the plaint of the suit ………….We have considered the materials on record and found that prima facie the plaint does not disclose any element of malafide. Rather the facts of the case show that the Bank defendant No.1 acted bona...... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ......the so-called sale but the plaintiffs received no reply and in the said circumstances the plaintiffs were constrained to file this suit and prayed, pending hearing of the suit, for stay of further proceeding of the aforesaid Miscellaneous Case No. 91 of 1991 or, in the alternative, for analogous..Category: Business or Commercial Law | Date: | Hits: 107
Golam Murtaza Bhuiyan and Others Vs. Government of Bangladesh and Others, 1996, 25 CLC (AD)
.... resolution of the Union Parishad and the report of the Deputy Commissioner. Its decision to select a site for construction of a building cannot be questioned. In this case there is no violation of any rule of the Rules of Business. Rule 4 (ix) provides that the Secretary shall keep the Minister-......e informed of the working of the Ministry/Division and shall work under his supervision. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 47 ......s arisen out of a Government decision as to selection of a site for construction of a new Union Parishad Office-cum-Community Centre. The grievance of the petitioners cannot be examined in summary proceeding under Article 102 of the Constitution. The allegations of malafide are unfounded. There ..Category: Property Law | Date: | Hits: 71
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....llotted 11 bigha , 11 katha, 1 chatak and 34 sq. ft. 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 t......jurisdiction came up for consideration in the two judgments which dealt with this submission. 12. In our view in this particular case it is premature to invoke Article 58(2) (now repealed) at this stage. The nature of the document that the Summary is. the extent of immunity of the document when t......Khair Litu under the said section of the said Act read with section 109 of the Penal Code, the present petitioner obtained a Rule in Criminal Revision No. 365 of 1992 praying for quashing of the said proceedings against him under section 561A Cr. P. C. The Rule was heard by a Division Bench of the H..Category: Anti-Corruption Laws | Date: | Hits: 105
Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)
....he Judgment and Order dated 8.5.95 passed by the High Court Division in Writ Petition No. 1321 of 1994). Judgment: Mustafa Kamal J: The petitioner-company obtained a Rule Nisi in Writ Petition No. 1321 of 1994 calling upon the respondents to show ca......ly operational. The petitioner met the officers of BTTB and had the impression that for reasons best known to them BTTB would not permit BTL to operate the cellular radio telephone system. At this stage the representative of the foreign share-holders of the petitioner met the Minister- in-Charge......mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ..Category: Information Technology Law | Date: | Hits: 251
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
.... No.3 of 1993. The two appeals have been heard together and will be disposed of by this common judgment. 2. Bangladesh Telecom (Pvt) Ltd, shortly BTL, the writ petitioner and a private limited company, ‘entered into a written agreement on 26.7.89 (Annexure-A to the writ petition) with Banglades...... all not be excluded from the said agreement by way of amendment. BTL replied to the letter on 19.1.92 (Annexure-K to the writ petition) and stated that since the system was not fully operational the stage had not arrived when it could apply and obtain permission of BTTB. On 31.3.92 respondent No.1 ......n filed with proper authority from BTL. BTL has explained in its affidavit-in-reply under what circumstances Mr. AKM Mama! Haque was authorised by the Board of Directors to institute and defend legal proceeding in Courts on behalf of BTL in its meeting held on 4.12.92. Defects, if any, in those proc..Category: Information Technology Law | Date: | Hits: 242
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....s that defendant Nos.2-9 had sold the Suit land to defendant No.1 and at once plaintiff No.1 declared his intention to assert his right of pre-emption by proclaiming Talab-i-Mowasibat. Then without any delay he ran to the suit land and addressing Mobarak Ali and others present there affirmed his ......to pre-empt the land only and not the structures. Therefore, we find it plainly difficult to accept the contention of Mr. Khan which, as already noticed, was never the plaintiffs’ case at any stage. 18. Mr. Khan then drew our attention to the judgment of the learned District Ju......to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ..Category: Property Law | Date: | Hits: 84
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
....and that the appointment of the receiver is a discretionary power of the Court. 6. Under the provision of Order XL rule (I) of the Code of Civil Procedure the Court may appoint a receiver of any property when it appears to it to be just and convenient. The Court may think it just and conv...... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ......decree put the same into execution in Title Execution Case No. 9 of 1974 and got possession of the suit land on 22.9.1974; but while the respondents were in possession of the land there had been a proceeding under section 145 of the Code of Criminal Procedure being MR Case No. 105 of 1976 and th..Category: Property Law | Date: | Hits: 61
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....f a case and the release of an accused would rouse the prosecution from its slumber and would necessarily subject it to accountability. The purpose was not to give the accused a right not to be tried any more on the same charge or a clean bill of acquittal, even if he was accused of a heinous crime.......ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6.......ions of section 339C and 339D that a trial of a sessions case had to be concluded within 240 days, with an additional grace of 30 days, where after, as per sub-section (4) of section 339C, “further proceedings in respect of the trial shall stand stopped and the accused person released”. That was..Category: Criminal Law | Date: | Hits: 75
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....n application to the Minister of Public Works and urban Development in 20.6.79 for releasing the suit property in his favour being a lawful auction-purchaser thereof. 4. Instead of granting any relief to the auction- purchaser Bangladesh as plaintiff instituted in the 3rd Court of Subordi......perty was not present and managing the same on the promulgation of President’s Order No. 16 of 1972, that the original owner having not raised any claim in respect of the suit property at any stage and that the suit property having been admittedly in the possession of Radio Bangladesh since...... 120, it is the share-holders who challenged the taking over of the management of the properties of a private limited company. In the present case the real owner being totally absent from the legal proceedings instituted against him since 1972 and having not made any representation to the Govern..Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....Hickson AIR 1946 PC 156: Kumbhan Lakshmana and ors. vs. Tangirala Venkateswarla 2 DLR (PC) 83; Durga Prasad and another vs. Ghanshiam Das and others AIR 1948 (PC) 210; Robins vs. National Trust Company Ltd. and others 1927 AC 515; Muhammad Wall Khan vs. Muhammad Mohiuddin Khan and others 24 CWN ......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ......as agreed in the course of the suit that this should be kept outside the suit, as all the persons interested therein were not impleaded in the proceeding. In respect of the property in schedule 'Ja' the trial Court found that all the persons ..Category: Property Law | Date: | Hits: 51
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....rranging 20 chines for the said lands and that although the rent was offered at the rate of Re 1/ per kedar the plaintiffs claimed at the rate of Rs 5/ per kedar and as a result there could not be any payment of rent but the defendants continued to possess the lands in suit. The said defendants ...... but the defendants continued to possess the lands in suit. The said defendants denied the allegations of plaintiffs' possession and dispossession. It may be noted also that defendant No. 1 at one stage of suit compromised the suit with the plaintiffs. 5. The learned Munsif who tried the ......servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 59
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....nally refused to partition the properties. Hence, the plaintiff was obliged to file the present suit. 4. The suit was contested by the defendant No. 1 by filing a written statement. In as many as 14 paragraphs, the defendant No.l specifically denied the averments made by the plaintiff in......se laches on the part of the parties, therefore, clearly disentitled them from attacking the judgment on the ground of non-examination of the witnesses, or that the parties made no admission at any stage of the trial. But it will be seen presently that notwithstanding the laches of the parties, t......he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ..Category: Property Law | Date: | Hits: 59
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....e learned Advocate for the petitioner urged several points. The point, however, which has become crucial in this case is, that the entire proceeding was taken against the petitioner without serving any notice on him. From a perusal of the records and scrutiny of the matter it appears to us that ......s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ......il. Thereafter, he made necessary enquiries in the matter and he came to know that the Deputy Commissioner, Khulna by letter dated 22.1.67 directed the Sub-Divisional Officer, Satkhira to initiate proceeding against him under Article 25(3) of the Basic Democracies Order for removing him as Chair..Category: Others | Date: | Hits: 92
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