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Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)
....nd others………………….Respondents Judgment November 17, 1997. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order VI Rule 17 The Court at any stage of the proceedings may allow either party to alter or amend his pleadings as may be just a......thers………………….Respondents Judgment November 17, 1997. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order VI Rule 17 The Court at any stage of the proceedings may allow either party to alter or amend his pleadings as may be just and n......………….Respondents Judgment November 17, 1997. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order VI Rule 17 The Court at any stage of the proceedings may allow either party to alter or amend his pleadings as may be just and necessary for ..Category: Property Law | Date: | Hits: 83
Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)
....udges of the High Court Division by the impugned Judgment and Order held that the second provision to section 4 of the Act authorizes the Government to extend, curtail or otherwise alter the limit of any area for which a Nikah Registrar has been licensed. It appears that before amendment of Rule 10 ......vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ...... Miah then submits that curtailment of Amjadhat Union from the nikah registration area of the petitioner has, in fact, revoked his licence so far as Amjadhat Union is concerned without drawing up any proceeding contemplated under Rule 8 thereof and, as such, the learned Judges of the High Court Divi..Category: Employment/Service Law | Date: | Hits: 137
Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)
....ine charges established against the respondent were of minor nature and it was aptly noticed by the Tribunals and therefore there is no reason to interfere with their orders. 7. There is no more any dispute that there was no irregularity or illegality in the disciplinary proceeding against resp...... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ...... the judgment and order dated 23 February 1995 of the Administrative Appellate Tribunal passed in Appeal Nos.58 of 1990 and 3 of 1991. 2. It arises in the following circumstances. A departmental proceeding was started against respondent No.1 AM Monsur Ahmed by his authority when he held the pos..Category: Administrative Law | Date: | Hits: 145
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprises Limited, 1997, 26 CLC (AD)
........................................Respondent Judgment June 12, 1997. Result: The appeal is dismissed. The Arbitration Act, 1940 (X of 1940), Section 30 The appellant cannot raise any objection to arbitration while it self submitting to arbitration not only once but twice before ......n the part of the arbitrators may be a ground for setting aside the award but as because no such plea has been raised before the subordinate judge, any allegation of misconduct is not tenable at this stage……………………(14) Lawyers Involved: Akhtar Imam, Advocate instructed by Sham......e appeal is not well founded and liable to be dismissed. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 63. ..Category: Alternative Dispute Resolution | Date: | Hits: 234
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....h 30, 1997. The Constitution of Bangladesh, 1972, Article 102 Habeas corpus for custody of minor children Normally the minor children should be with their mother as long as she does not earn any disqualification for such custody and there is a breach of this normal order brought about by an......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ...... alleged or that the custody of the children by the father was without lawful authority or that they were being detained in an unlawful manner and further without court that there was a guardianship proceeding pending in the Family Court in respect of the said minors. 18. Khandker Mahbubuddin A..Category: Family Law | Date: | Hits: 250
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....marks for interview) without publication in the official Gazette cannot be treated as guideline and it was not an executive action in terms of Article 55 (4) of the Constitution and in the absence of any guideline (for promotion) the authorities are vested with arbitrary powers, offending Articles 2......and 140. What remains for the purpose of conducting tests and examinations in the civil service of the Republic, whether the tests and examinations cover the entire gamut of all civil servants at all stages of appointment will depend upon the interpretation of clause (2) of Article 140, to which we ......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ..Category: Constitutional Law | Date: | Hits: 185
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....amining the summons told her that the son of respondent No. 1 has filed TS No. 126 of 1989 for partition on the plea that she had gifted him 14 decimals of Senpara Parbata land; that she did not make any such gift and accordingly filed TS 427 of 1989 for cancellation of the said forged Hiba Deed; th......-84 her husband’s younger brother Obaidullah Humayun Kabir tried evict her with her two minor daughters from her husband’s house at 6, Hare Street, Dhaka with view to grab the house; that at this stage respondent No. 1 Mr. Khawja Abdul Gani who is also cousin (Fufata Bhai) unsolicitingly came an......quate in the facts of the present case. 9. The Tribunal found the appellant guilty of all the three complaints, namely, (1) Legal charges of Taka 2,38,000.00 is disproportionate in a simple legal proceeding; (2) Exhibits 3, 3(1), 3(2) and 4 show that respondent No. 1 filed hajira and petition in..Category: Others | Date: | Hits: 105
Shahid Miah Vs. State, 2000, 30 CLC (AD)
....rt” and need be quashed “for ends of justice” dispensation of personal appearance of the accused before such court does not fall within the meaning of section 561A Cr.P.C. 5. We do not find any force in the argument of the learned Advocate that there is any misconstruction of section 561A ...... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ..................................Respondent Judgment May 14, 2000. Result: The petition is dismissed. The Code of Criminal Procedure, 1908 (V of 1898), Section 561A Where criminal proceeding has been initiated legally in a competent court and it cannot be shown that such criminal..Category: Criminal Law | Date: | Hits: 109
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....s aforementioned. 5. Appeal being filed by these three accused-respondents, a Division Bench of the High Court Division by a very cryptic and unintelligible judgment disposed of the appeal without any discussion of the material evidence on record which was incumbent upon the first appellate Court......persons were put on trial before the trial Co for double murder and for attempt to murder of PW 2 Swapan, Consequently, they were charged under sections 302/34 and 307 of the Penal Code. At the trial stage, 8 accused persons absconded and they are still fugitives from law. Against the original order......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ..Category: Criminal Law | Date: | Hits: 108
State Vs. Nurul Islam, 2006, 35 CLC (AD)
....esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ......esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ......zi Abdur Rouf, officer in charge, Dhamodya Police Station District Shariatpur lodged an ejhar with the said Police Station alleging that on 11-1-93 at about 09.00 A. M. one Monowar Hossain Bepari was proceeding towards Dhamodya from Bhedorganj on his way to Banaripara by rickshaw of one Babul Bepari..Category: Criminal Law | Date: | Hits: 106
Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
....y;ed kabala deed in respect of the suit property showing Romesh Chandra as executant. In fact Romesh Chandra had no right, title or possession in the suit property. The plaintiff could not claim any right, title and interest or possession in the suit property on the basis of said forged and col......ant Judge, Kachua in respect of the self same land against the defendant Md. Safiullah and got a decree on 20.4.1987. The defendant Md. Safiullah unsuccessfully contested the suit up to the appellate stage and in his presence Title Suit No. 90 of 1986 was decreed declaring plaintiff's title in t......t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored. There is no order of costs. Ed. ..Category: Property Law | Date: | Hits: 175
Md. Abdul Jalil Khan Vs. State, 2006, 35 CLC (AD)
....bjection raised by the learned counsel does not stunt. 7. It appears from the police reports (charge sheets) that the petitioner had already been dismissed from service and as such we do not find any reason to hold that trial of the petitioner without sanction is bad in law. In such view of the ......rit consideration. Moreover, the petition is also delayed by 444 days but the reasons for condonation of delay are far from satisfactory. The criminal petition is accordingly dismissed. Ed. ......ional Special Judge, Adamdighi, Rajshahi for trial. 3. The petitioner filed an application before the High Court Division under Section 561A of the Code of Criminal Procedure praying to quash the proceedings and the High Court Division after hearing the parties discharged the Rule and hence is t..Category: Anti-Corruption Laws | Date: | Hits: 94
Janata Bank Vs. Khalilur Rahman, 2006, 35 CLC (AD)
.... he preferred a review petition on 27.10.1999 to the authority and the authority reinstated him in the service but reducing his post of Senior Principal Officer to that of Principal Officer without any arrear salary and other allowances. The respondent being aggrieved filed Administrative Tribun......ndamental Rule 29 we are of the view that the submission have no substance. We, therefore, do not like to interfere with the impugned judgment and order. The leave petition is dismissed. Ed. ...... of Corruption Act, 1947 (Act II of 1947) for alleged embezzlement of the money of the bank and for other offences in Special Case No. 08 of 1997 and that he was also proceeded with in departmental proceeding drawn against him by the bank and ultimately the bank dismissed the respondent from ser..Category: Anti-Corruption Laws | Date: | Hits: 83
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
....erred in law in disturbing the concurrent finding of fact arrived at by the Courts below holding that the claim of title on the basis of the award over the suit land have no legal value creating any title and interest over the suit land and that the plaintiff on the basis of alleged purchase fr......ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ...... claim of title on the basis of award over the suit land have got no legal value since the same has not been made the rule of the Court and that Chand Miah died during the pendency of the arbitration proceeding and before passing of the award and thereby no title could pass to the plaintiffs on the ..Category: Property Law | Date: | Hits: 43
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
....le's Republic of Bangladesh decided to construct some flyovers in the city of Dhaka, one at Mohakhali and another Banani and for this purpose they floated tender from intending contractors. Many contractors including the appellant participated in the said tender and on scrutiny their b...... the appeal is also not maintainable. The learned Counsel has further submitted that the suit challenged the self same award having been filed in which the plaint was rejected upto the appellant stage considering the provision of sections 16, 31, 32 and 33 of the Arbitration Act, involved in th......on receipt of the letter dated 29.4.1991 did not appoint any arbitrator on his behalf and after waiting for six weeks the appellant requested their appointed Arbitrator to start arbitration proceeding as sole arbitrator. In that view of the matter the Arbitrator appointed by the appellant ..Category: Alternative Dispute Resolution | Date: | Hits: 229
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....social security of the Urdu speaking nationals in Bangladesh ; that when the situation improved he reached Dhaka in August, 1976 and applied immediately for a formal nationality certificate to remove any doubt about his nationality ; though his nationality as a Bangladeshi by birth was never ta......e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ......he Prescribed Authority, the petitioner should take proper steps in a proper forum for the relief's as sought for in the present suit for declaration of title and khas possession instead of proceeding with the present suit. 4. Defendant No. 3, Bangladesh represented by th..Category: Civil Law | Date: | Hits: 128
Sujit Chandra Roy and others Vs. Abdur Rouf and another, 2006, 35 CLC (AD)
....als on record no Criminal Proceeding lies and therefore we do not hold that this is a fit case for quashing. In such view of the matter, we are of the view that the High Court Division did not commit any illegality in refusing to quash the proceeding in question having prima facie allegation ma......udges of the High Court Division rightly passed the impugned order and we do not find any legal infirmity for our interference. Accordingly, this petition is dismissed. Ed. ......or quashing the proceeding. The learned Judges of the High Court Division rejected the application under Section 561A of the Code holding that the complaint petition disclosed the offence of the proceeding. 4. Mr. Shamsul Huda Manik, the learned Advocate, appearing for the accused-..Category: Procedural Law | Date: | Hits: 104
Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
.... The Code of Civil Procedure, 1908 (V of 1908), Order XLVII, rule I The Bangladesh Supreme Court (Appellate Division) Rules, 1988, Rule 24 Grounds of review: Unless there is any serious ground relating to error of law apparent on the face of the record occasioning failure ......adesh Abandoned Property (Control, Management and Disposal) Order, 1972 (President's Order No. 16 of 1972) and that this aspect was not considered in both the appeals and was also not urged at any stage of the suits leading to Civil Appeals. 7. But the plaintiff never agitated raising the......arned Counsel of the petitioners. The review petitions are, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ..Category: Property Law | Date: | Hits: 97
Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)
....the BADC Service Regulation, 1990 was no longer in force because of the amendment of the model service Regulation' made on 24.9.1991 by the Government that the writ-petitioner is not entitled to any pension and other retirement benefits in view of the provision of Section 10 of the&......ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ...... in the service of Bangladesh Agricultural Development Corporation (BADC) in 1968, that on attainment of 57 years he went on leave preparatory to retirement on October 7, 1996, that disciplinary proceeding was started against him for the disposal of unserviceable machineries and the parts incid..Category: Employment/Service Law | Date: | Hits: 109
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
....ms and conditions of the service of the employees including the appellant. 3. Upon service of notice of the suit the defendant-World Bank appeared in Court on 23.03.2002 but did not file any written statement whereupon the suit was fixed for hearing exparte. When the defendant filed an ......l issues including maintainability according to law. The Appellate Division is not called for to invoke plenary Jurisdiction under Article 104 of the Constitution for doing complete Justice at such stage of the suit…….(21) Cases Referred to- Fazlur Rahman ...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ..Category: Employment/Service Law | Date: | Hits: 211
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