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Sujit Kumar Majumdar Vs. Ministry of Local Government and Rural Development, 1999, 28 CLC (AD)
.... and others..…… Respondents Judgment June 26, 1997. The Administrative Tribunals Act, 1980 (V of 1981) Section 4 The petitioner can not claim financial benefit as a matter of right for the period of dismissal after reinstatement as pe...... Judgment June 26, 1997. The Administrative Tribunals Act, 1980 (V of 1981) Section 4 The petitioner can not claim financial benefit as a matter of right for the period of dismissal after reinstatement as per order of the Tribunal the petitioners conduc......ribunal committed no illegality in passing the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 145. ..Category: Administrative Law | Date: | Hits: 144
State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)
....ays. The reasons shown for condonation of such delay are also far from satisfactory. The petition is therefore dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 142. ......endment Act, 1987 (XIII of 1987), Section 8 The High Court Division rightly acquitted the accused as trial of the case could not be completed within the stipulated period of limitation fixed for conclusion of trial. Furthermore prosecution could not prove the case against the accused beyon......inally made for contingent fund. Accused-respondent Minhazuddin Khan, ex-accountant of that office would deal with that fund and PW 1 Muslimuddin as the Cashier of that Office used to deal with the money of repair grant. On 30-6-78, an amount of Taka 15,000.00 was deposited in that account and s..Category: Criminal Law | Date: | Hits: 59
GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)
....was maintainable under section 4(2) of the Administrative Tribunal Act, 1980 inasmuch as the respondent ceased to be in the service of the Bank and the Tribunal had no jurisdiction to deal with the claim of re employment which is not based on any law but is a matter of pure discretion of the Bank......... Respondent Judgment April 9, 1997. The Administrative Tribunals Act, 1981 (VII of 1981) Section 4(2) BSRS Part I, Rule 389 The Rules of Janata Bank only provide for certain benefits as are admissible to a government servant, Rule 389 BSRS Part I provides that ......l resulting in an injustice. For the above reason, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 138. ..Category: Administrative Law | Date: | Hits: 148
Latifur Rahman alias Arju and another Vs. State, 1999, 28 CLC (AD)
....any of accused Mokim Gazi. Although no arms were recovered from their Mokim Gazi when revolver shots and cocktails were thrown at the police party. The accused petitioners therefore cannot claim exemption from the ambit of possession of arms and ammunition. There may not be separate arm......yers Involved: MA Wahab Miah, Advocate instructed by Mrs. Azra Ali, Advocate-on-Record—For the Petitioners. Not represented— The Respondent. Criminal Petition for Leave to Appeal No. 91 of 1998. (From the judgment and order dated 18-3-98 passed by the ......rcumstances. 6. We therefore do not find any substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 120. ..Category: Criminal Law | Date: | Hits: 54
....l of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case.
Both the petitions are dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 116.
......oner (In Civil Petition No. 821 of 1997).
Sharifuddin Chaklader, Advocate-on-Record— For the Respondents (In both the Petitions).
Not represented — Respondent Nos. 2-3.
Civil Petition for Leave to Appeal Nos. 801 and 821 of 1997.
(From the Judgment and Order dated 5-5-97 passed b......on in the executing court under Order 21 rule 90 of the Code of Civil Procedure. The said application was rejected upto the Appellate Division. Thereafter, the executing court passed an order staying money Execution Case No. 5 of 1992 till disposal of Other Suit No. 68 of 1992. Again, the auction pu..
Category: Property Law | Date: | Hits: 85
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144.......ing temporary injunction in a matter covered under Article 34 of the BSRS Order which is a special enactment and it will prevail over general law……. Article 34 of the BSRS Order being special law for the special purpose, no relief under the ordinary law in the form of temporary injunction is ava......rtha Rin Adalat No.2, Dhaka under Article 33 of the BSRS Order of 1972 against the respondent for attaching certain properties mentioned in the schedule to the application and for realisation of loan money. On 25-8-95 the appellant published a Notification in the daily Inqilab for selling in auction..Category: Business or Commercial Law | Date: | Hits: 124
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)
....ion 9 of the Shops and Establishment Act, 1965 read with rule 4 of the Rules. Therefore there is no basis for the submission that there is no law guaranting or securing any right in respondents to claim overtime allowance at double the rate of their wages in excess of 38 ½ hours and 44 &f......hour fixed by settlement is the normal working hour and any extra hour of work beyond the settled and stipulated working hour will be overtime work and the manner of calculating overtime allowance for overtime work will be governed by section 9 of the Shops and Establishment Act, 1965 read with ......e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ..Category: Labour and Industrial Law | Date: | Hits: 134
SM Monirul Islam Vs. MV You Bang, 1999, 28 CLC (AD)
.... enabling provisions and do not in any way circumscribe the discretionary jurisdiction of the Admiralty Court either to reduce or enhance the bank guarantee for release of the ship arrested in a suit claiming damages amounting to more that Taka ten crore by the plaintiff while defendants surveyor op......, 1912, Rules 23 and 31 Above rules are enabling provisions and do not in any way circumscribe the discretionary jurisdiction of the Admiralty Court either to reduce or enhance the bank guarantee for release of the ship arrested in a suit claiming damages amounting to more that Taka ten crore by......iled the aforesaid admiralty suit praying for arrest of the said vessel and to take into and hold in custody of the Marshal of the Admiralty Court as security for payment of Taka 10,91,41,259.00, the money claimed in the suit. The plaint was admitted on 24-12-98 and the Admiralty Court ordered arres..Category: Admiralty Law or Maritime Law | Date: | Hits: 235
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ......Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Brahmanbaria Pourashava………………. Appellant Vs. Secretary, Ministry of Land Reforms, Government of Bangladesh and others……Respondents Judgment October 26, 1997. Res...... acquired a vested right in the land in question by way of long possession after extending the road and building blocks which were let out to the displaced shopkeepers and depositing the compensation money with the Government in favour of the owner. 5. Respondent Nos. 1 and 2 resisted the writ p..Category: Property Law | Date: | Hits: 63
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
....to be an owner of the suit land. Hence the suit. 3. Defendant No.1 (respondent No.1) contested the suit by filing a written statement denying the plaintiffs story of benami transaction and claimed that he had acquired himself the suit property from his own source through his maternal gr...... of benami transaction the court should take into consideration (i) the source of consideration money (ii) nature and possession of the property after the alleged transaction (iii) motive, if any, for making benami (iv) relationship of the benamdar with the real owner (v) custody of the title de...... Benami Transaction (i) The well-settled principle of law is that in deciding a question of benami transaction the court should take into consideration (i) the source of consideration money (ii) nature and possession of the property after the alleged transaction (iii) motive, if any..Category: Property Law | Date: | Hits: 75
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....on 52 speaks that it is recoverable as if it is a decree of a Civil Court. There is nothing in the Shipping Ordinance, 1976 specifically barring the jurisdiction of Admiralty Court to entertain any claim for damages done by any ship……..(9) Cases Referred to- Bang...... 52 Section 52 of the Shipping Ordinance, 1976 gives special powers to the Marine Court notwithstanding anything contained in the Code of Criminal Procedure to try any case under Chapter IV for Shipping casualties. The Marine Court exercises its jurisdiction as a criminal court and it can......vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....any fault in the factual finding by the said court………(12) ii) Both the parties had the opportunity to produce before the court all the evidence in respect of their claim of title and possession under such circumstance order VI rule 7 of the CPC will not come into......he appellate Court and that also without discussing any fault in the factual finding by the said court………(12) ii) Both the parties had the opportunity to produce before the court all the evidence in respect of their claim of title and possession under such circu......ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ..Category: Property Law | Date: | Hits: 65
BD Oil, Gas and Mineral Cooperation (Petro Bangla) Vs. Nuruzzaman Khan Brothers, 1999, 28 CLC (AD)
....e Arbitration Act, 1940 (X of 1940) Section 39 Awarding of interest on the decretal amount of award on appeal whereas no such interest had been determined by the arbitrators and even no such claim of interest was made by the respondent before the court, granting of such interest on the awa...... Awarding of interest on the decretal amount of award on appeal whereas no such interest had been determined by the arbitrators and even no such claim of interest was made by the respondent before the court, granting of such interest on the award on appeal is not permissible. …&helli......instead of going through the process of an appeal, which will be time-consuming, it will be in the interest of justice and a favour done to the lessor-respondent, who is being deprived of the award money for a long time since 1990, if that part of the impugned order which relates to interest is ..Category: Alternative Dispute Resolution | Date: | Hits: 249
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
....the Civil Court as to the certificate proceeding may or may not be correct but, the same does not bind the BSRS not to have recourse to article 34 on the basis of the liability of the petitioner as claimed by it…..(5) Lawyers Involved: S K Sinha, Advocate, instructed ......ul Haq, Advocate-on- Record— For the Petitioner. AKM Nazrul Islam, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent. Civil Petition for Leave to Appeal Criminal Appeal No. 34 of 1997. (From the Judgment and order dated 19-1...... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ..Category: Business or Commercial Law | Date: | Hits: 106
Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)
....ose of extension of Mirpur Botanical Garden, Dhaka. Upon service of notice under section 3 of the Act followed by notices under sections 5(1a) and 5(3) one Mollah Co-operative Housing Society Ltd. claiming to be affected by the requisition, preferred Appeal No. 118 of 1964 before the Commissione......gency Requisition of Property Act, 1948 (XIII of 1948), Section 5(1A) (3), 114 (e) Under section l14 (e) of the Evidence Act one has to presume that the official acts have been regularly performed. The writ petitioners stepped into the shoes of their predecessors-in-interests, who had bee......he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ..Category: Property Law | Date: | Hits: 50
Shafi A Chowdhury and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....facts of the present case we do not think that the matter warrants our interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 21. ......hellip;…..Respondent Judgment March 19, 1998. The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, rule 7 When plaintiff obtained possession five years before and after having enjoyed possession thereof for such period, it will be impossible for any sur...... 53 were in good condition. Five new machines to be imported by the respondents were in the pipeline. Out of 18 vehicles, 14 were in running condition. Plaintiff No.1 deposited 25% of the purchase money as down payment and executed an agreement on 7- 4-84, clause 18 of which provided that the po..Category: Criminal Law | Date: | Hits: 68
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....he writ petition) as abandoned buildings, without lawful authority and to be of no legal effect. 2. The writ-petitioner-respondent No.1, Anwar Ahmed Khan filed the aforesaid writ petition claiming himself as one f the sons of late. Afaq Ahmed Khan the original lessee of Plot No.16 and 1......on was not maintainable………………….(17) The ex parte decree obtained by the writ petitioner is a declaratory decree simpliciter without any prayer for recovery of possession, when, admittedly, the writ petitioner was not in possession thereof. Su......ich got the allotment on 13-7-83. Thereafter in pursuance of the order to sell the property the said college accepted the offer of the Government and upon making a part payment of the consideration money amounting to Taka 1,16,979.20 have been possessing the same. It is also asserted that the wr..Category: Property Law | Date: | Hits: 48
Calmare Navigation Co. Ltd. Vs. Mohammad Nurul Hoque and another, 1999, 28 CLC (AD)
....and the submission of the learned Advocate is devoid of any reason. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 35. ......te-on-Record — For the Petitioner. Sharifuddin Chaklader, Advocate-on-Record — For the Respondent No. 2. Not represented—Respondent No. 1. Civil Petition for Leave to Appeal No. 174 of 1998. (From the judgment and order dated January 22, 1998 pa......mits that the impugned modification order should not have been made during the pendency of the contempt case because decree-holder-respondent No.2 would execute the decree and realise the disputed money causing great prejudice to the petitioner. 5. We have not been able to understand ei..Category: Others | Date: | Hits: 74
Abdur Rahman and others Vs. State, 1999, 28 CLC (AD)
....and sentence passed against the appellants are not sustainable in law. Consequently, the appeal is allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 33. ...... Special Tribunal, Dhaka under section 376 of the Penal Code read with section 4(c) of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 and sentenced thereunder to rigorous imprisonment for 10 years and a fine of Taka 5,000.00 each, in default, to suffer rigorous imprisonment for a fu...... the informant Gouri Rani Das, a woman of easy virtue, borrowed an amount of Taka 1,000.00 from accused Abdur Rahman and on the date of the alleged occurrence Abdur Rahman demanded repayment of the money but Gouri Rani Das misbehaved with him, as a result of which there was an altercation betwee..Category: Criminal Law | Date: | Hits: 76
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
.... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ......ist the plaintiff and his labourers to plough the land and there being positive threat of dispossession from the suit land by any means, the plaintiff had definite cause of action to file the suit for permanent injunction. The learned single judge was not correct in holding that there was no con......S khatian was prepared in their names accordingly. During the revisional rent roll operation the suit jote was also recorded in the names of the defendants and the paddy rent has been commuted into money rent of Rs 3/55 and they paid rents of the jote to the Government. Defendant No.1 transferred..Category: Property Law | Date: | Hits: 52
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