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Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
.... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ......assed by a Division Bench of the High Court Division in Civil Revision No.1380 of 1991 discharging the Rule and thereby upholding the concurrent judgments and decrees of the Courts below in a suit for declaration. 2. In the year 1970, plaintiff Rakibuddin Ahmed was appointed Public Relati...... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ......t took an appeal, Title Appeal No.223 of 1989, therefrom to the learned District 3 Dhaka. The appeal was heard by the learned Additional District Judge, First Court, who upheld the decision of the trial Court, by the judgment and decree dated February 17, 1991. 7. The unsuccessful defenda..Category: Employment/Service Law | Date: | Hits: 77
Delwar Hossain Khan (Md) Vs. Dhaka Club Limited and another, 1996, 25 CLC (AD)
....cept observing any direction that may be contained therein. With the above observations the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 198 ......, Advocate-on-Record For the Petitioner. Rokanuddin Mahmud, Senior Advocate, instructed by Sharifuddjn Chaklader, Advocate-on-Record— For the Respondents. Civil Petition for Leave to Appeal No. 630 of 1995. Judgment: ......cept observing any direction that may be contained therein. With the above observations the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 198 ......t binding upon the plaintiff being void and malafide. The petitioner filed an application for injunction restraining the defendants from giving effect to the order of suspension dated 24.8.95. The trial Court granted an ad interim order of injunction, but after hearing both sides disallowed the ..Category: Property Law | Date: | Hits: 65
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....lear and unambiguous condition that their services might be terminated by giving 15 days’ notice. Their services were so terminated as per their appointment letter and, as such, they have no right to be treated as “surplus public servants” within the meaning of the Ordinance. S......irections. 2. The common case of all the writ petitioners as found in Writ Petition No. 21 of 1993 was that response to a Notification of the Ministry of Finance dated 3 1-12-89 they applied for various posts in the temporary Additional Benches of the Taxes Appeal Tribunal created by the ......d in law in holding that the recommendation of the Ministry of Establishment is binding upon the Taxes Appellate Tribunal and that its newspaper advertisement is unilateral and void. In internal affairs between different Ministries/Divisions, particularly when a decision on a controversy can be ......Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ..Category: Constitutional Law | Date: | Hits: 161
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ...... of 1995, filed by the appellant under section 10(1A) of the Criminal Law Amendment Act, 1958 (Act No. XL of 1958), briefly, the Act. 2. Facts of the case, briefly, are that the appellant who is a former Member of Parliament and President of the District Bar Association, Dinajpur filed a petition......ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ......earned Special Judge was bound to forward the petition of complaint to the Provincial Government, and, if he heard nothing from such Government for a period of sixty days, he should have proceeded to trial on the presumption that sanction was accorded by the said Government. 15. The learned Addit..Category: Anti-Corruption Laws | Date: | Hits: 92
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ......Judge of the High Court Divisions in Civil Revision No.420 of 1985 making the Rule absolute and holding the Title Suit No. 245 of 1985 of the 3rd Court of Subordinate Judge, Dhaka abated as a whole for non-substitute of the heirs of deceased-defendant No.3, Aga Ali Hasan Raza, within time who ha......o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ......MR 257 referred to the said rule and followed it. In that case substitution was made in the course of the appeal arising Out of dismissal of the prayer for temporary injunction in the suit and the trial Court upon recommencing the trial after the disposal of the appeal ordered that the whole sui..Category: Property Law | Date: | Hits: 70
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ......l passed in Miscellaneous Appeal No.57 of 1986 on 28-6-93, which in turn set aside the judgment and order of the Munsif, Bakerganj in Miscellaneous Case No. 226 of 1984, disallowing an application for pre-emption under section 96 of the Estate Acquisition and Tenancy Act on 11-4-85. 2. Th......pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ......f knowledge is false and collusive only to avoid limitation and the alleged informer Sekander Ali is the uncle of Lahajuddin Howlader, the pre-emptor, living in the same homestead. 4. During trial besides proving some documentary evidences, 3(three) witnesses were examined by the pre-empt..Category: Property Law | Date: | Hits: 60
Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)
....igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ......er IX rule 13 of the Code of Civil Procedure as to non-service of summons upon the appellant. 2. Respondent No. 1 tiled Title Suit No.5 1 of 1970 in the Court of Subordinate Judge at Khulna for declaration of his title to the suit land measuring 11.64 acres. The suit was later on transfer......igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ......rker J: This appeal by leave by defendant No.36 appellant raises a question of law as to whether the High Court Division was justified in interfering in revision with a finding of fact made by the trial Court in a proceeding under Order IX rule 13 of the Code of Civil Procedure as to non-service..Category: Procedural Law | Date: | Hits: 133
Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)
....the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ...... Rafiq-Ul-Huq, Senior Advocate (MA Advocate with him), instructed by Shamsul Siddique, Advocate-on-Record — For the petitioner. Shafique Ahmed, Advocate, instructed by Md. Ahab Hossain for M Nawab Au, Advocate-on-Record— For the Respondents. Civil Petition for Leave to ......the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ......Judgment: Latifur Rahman J: The plaintiff filed OC Suit No. 60 of 1991 in the Court of Assistant Judge Ulipur Kurigram. The said suit as dismissed by the trial Court. Against the aforesaid judgment and decree the plaintiff preferred Other Appeal No. 30 ..Category: Property Law | Date: | Hits: 63
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ......January 1992 passed by the High Court Division, Dhaka in Civil Revision No. 885 of 1986 (Dhaka), 611 of 1988 (Rangpur). Judgment ATM Afzal CJ.- Plaintiff-Appellant’s suit for eviction of the defendant-respondent from the suit shop, SCC Suit No. 1 of 1985 of the SCC Cour......able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ...... admittedly the plaint was not happily drafted but even then on the defendant’s own case he was a defaulter and the plea of bona fide requirement of the plaintiff having been accepted by the trial Court, the decree passed in the suit was quite justified and called for no interference by th..Category: Property Law | Date: | Hits: 52
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....ny case has been filed by the defendant under section 27 of the Premises Rent Control Ordinance for violation of section 13 of the said Ordinance the trial Court including the learned Single Judge rightly held that the defendant is a defaulter. He also cited the case of Mosammat Rahima Khatun vs...... Judge of the High Court Division in Civil Revision No.668 of 1989, affirming the judgment and decree dated 25.6.89 passed by the SCC Judge and 3rd Subordinate Judge Dhaka in SCC Suit No.31 of 1984 for eviction of a monthly tenant. 2. The suit was filed by the respondents and their father......ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ....... The learned Subordinate Judge found on consideration of the materials on record, both oral and documentary, that the defendant paid rent upto August, 1975 and filed rent receipt of the same. The trial Court found that the defendant did not file any rent receipt in assertion of his claim of pay..Category: Property Law | Date: | Hits: 56
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
....uch highly disputed question of age under the writ jurisdiction on mere affidavits. 9. The learned counsel Dr. Kamal Hossain, appearing for respondent No. 1, submitted that the High Court Division rightly held that the appellant did not attain 25 years of age on the date of submission of the nomi......ent Nos. 1-3 filed nomination papers on January 1, 1995 to respondent No. 4, the Returning Officer. 3. On the following day at the time of scrutiny Respondent No.1 raised an objection(in writing before the Returning Officer alleging that the appellant did not then attain 25 years of his age as pr......t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ......he petitioner having been elected in the by-election, it is for anyone who is interested to challenge such election in the Election Tribunal and agitate the question of age upon evidence at the trial therein, and that the High Court Division erred in assuming jurisdiction which according to ..Category: Election Law | Date: | Hits: 129
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....s Second Party on 21.8.94, of which paragraph 4 reads as follows: “(4) The parties hereto agree that the care and custody of the child will now belong to Second Party according to her rights under the law, provided, however, that the First Party shall have visiting rights as mention......passed by the Senior Assistant Judge, 5th Court, Dhaka refusing to reject the plaint under Order 7 rule 11 of the Code of Civil Procedure. 2. The plaintiff instituted the Title Suit praying for a decree for mandatory injunction directing the defendants to send his minor son Md. Ibraaz Sye......f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ...... filed before the Family Court as it was triable exclusively by that court under section 5 of the Family Courts Ordinance, 1985 as the civil Court had no jurisdiction to try the suit. 5. The trial Judge by his order No. 10 dated 23.11.94 rejected the petition for rejection of the plaint. ..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....ance to the child from 6.1.86 till the decree of the Court below. 2. Leave was granted from the said judgment and order of the High Court Division to consider the appellant’s submission that the right to maintenance is guided by the personal law of the appellant and her son and that the High Co......mal J.- Appellant Jamila Khatun is the wife of respondent Rustom Au, On 6.1.86 she filed Family Court Case No.1 of 1986 in the Family Court and Upazila Munsif, Fulbaria against the respondent praying for balance dower money of Taka 250.00 and maintenance at the rate of Taka 500.00 per month for 11 y......s flows as a necessary corollary therefrom. The mere fact that a neglected wife has been hesitant in promptly coming to the Court or has been pursuing alternative remedies out of Court cannot, in all fairness, be so construed as to deprive her of the right of maintenance from the day when the cause ...... of Taka 500.00 per month for 11 years 1 & 1/2 months which comes to Taka 66,750.00 in total Taka 67,000.00 and for a decree of dissolution of marriage. By judgment and decree dated 3 1.5.86, the trial Court decreed the suit for Taka 30,287,50.00 representing maintenance for 11 years 1 & 1/2..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....) of Act II of 1947) but the learned Judge of the High Court Division acquitted him of all the charges. Although this is an appeal from the order of acquittal, the learned Additional Attorney-General rightly conceded at the very beginning, which showed his fairness, that the conviction under section......alias Mohammad Shahidul Hoque and Mahmood Abdullah Sarder of Criminal Appeals Nos. 17 and 18 of 1992 are Sub-Assistant Engineer and Assistant Engineer respectively of the said University. 3. The aforesaid respondents were put on trial before the Divisional Special Judge, Dhaka Division, Dhaka in......urt Division acquitted him of all the charges. Although this is an appeal from the order of acquittal, the learned Additional Attorney-General rightly conceded at the very beginning, which showed his fairness, that the conviction under section 406 Penal Code was misconceived and he would not dispute...... Mahmood Abdullah Sarder of Criminal Appeals Nos. 17 and 18 of 1992 are Sub-Assistant Engineer and Assistant Engineer respectively of the said University. 3. The aforesaid respondents were put on trial before the Divisional Special Judge, Dhaka Division, Dhaka in Special Case No 17 of 1989. It w..Category: Anti-Corruption Laws | Date: | Hits: 92
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
....me to defendant Nos. 1-3 (respondent Nos. 1-3 herein) by a mortgage deed dated 20-5-37 for Taka 200.00 and delivered possession thereof to them. Upon the death of Begumjan her heirs transferred their right of redemption to the plaintiff-appellant by kabalas in 1978. The appellant also purchased some......ing the Rule in Civil Revision No.183 of 1984 and affirming the concurring judgment and decree of the 3rd Court of Subordinate Judge, Chittagong dated 19-4-84 in Other Appeal No.204 of 1982. The suit for redemption of mortgage, Other Suit No. 67 of 1978, was dismissed by the 5th Court of Munsif, Sad......rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ......t-Schedule 2 land. Defendant No.1 purchased the auctioned land from Abdul Hakim in 1969. The contesting defendant also pleaded improvement of the plaint Schedule 1 land for Taka 30,000.00. 4. The trial Court and the first appellate Court concurrently dismissed the suit on the common finding that..Category: Property Law | Date: | Hits: 63
Shamsul Islam & others Vs. Badiar Zaman alias Bablu and another, 1996, 25 CLC (AD)
....hammadan Law is different from that which is prevailing amongst the Christians. The learned Judge of the High Court Division applied the principle enunciated in the case reported in 20 DLR 376 and rightly held that a cousin sister’s son is within three degrees of consanguinity from the don......wyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by M. Nawab Ali, Advocate-on-Record—For the Petitioners. Not represented—Respondents. Civil Petition for Leave to Appeal No. 150 of 1995. (From the judgment and order dated 3 August 1994 passed......s of consanguinity from the donor. Hence the contention of Mr. Fazlul Karim cannot be accepted. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 88 ......d the case by filing a written objection wherein it was stated that his maternal uncle Md. Ibrahim, who is a cousin brother of his mother, gifted the case land to him by Heba deed. 3. At the trial the pre-emptor examined two witnesses including himself and the pre-emptee also examined two..Category: Property Law | Date: | Hits: 56
Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)
....se. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ......am (Sujan), Advocate, (appeared with leave of the Court) instructed by Md. Nawab Au, Advocate-on-Record—For the Petitioner. Not represented—Respondents. Criminal Petition for Leave to Appeal No. 51 of 1995. (From judgment and order dated 5th April, 1995 passed by......se. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ......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 Magistrate, Dhaka. 2. It appears that upon an..Category: Criminal Law | Date: | Hits: 71
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....claration 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 th......lla passed in Title Appeal No 59 of 1980, restoring those dated 30.1.80 of the Subordinate Judge, 2nd Court, Comilla dismissing Title Suit No 25 of 1987. 2. The plaintiff filed a suit for declaration that the two kabalas executed by the plaintiff and registered on 12.4.76 and 6.10.7......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 ......er. The plaintiff also handed over possession of the suit land to defendant No.1 who is in possession of the same since then. Hence, the suit as filed is liable to be dismissed. 4. The trial judge held that the documents are void but as the plaintiff prayed only for declaration of th..Category: Property Law | Date: | Hits: 72
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
....e only a person who is employed in any commercial or industrial establishment in connection with the work for productive purposes. The learned Counsel next submits that section 19 of the Act provides rights and corresponding obligations both for the employer and the employee regarding termination of......rvice as a security guard of Rupali Bank was terminated from service by an order dated 15 September, 1981 by the Bank Management with termination benefits. He challenged the termination order in the aforesaid suit and got a decree which was challenged unsuccessfully in appeal before the District Jud......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. ......f “worker” under section 2(v) of the Employment of Labour (Standing Orders) Act, 1965, and that he cannot maintain any civil suit. learned Single Judge by the impugned judgment has maintained the trial Court’s decree, but has held that the plaintiff was not a “worker” at all within the mea..Category: Labour and Industrial Law | Date: | Hits: 152
Muzaffar Hossain Vs. Md. Humayun Kabir and others , 1996, 25 CLC (AD)
....ge number of ballot papers. In that view of the matter, the learned Judge of the High Court Division after quoting the relevant the judgment of this Division in the case reported in 38 DLR (AD) 275 rightly found that the petitioner failed to show any valid ground for recounting of votes as there......n vs. Md. Sadeq and another, 38 DLR (AD) 275. Lawyers Involved: NH Khondker, Advocate-on-Record— For the Petitioner Not Represented—Respondents Civil Petition for Leave to Appeal No.142 of 1995 (From the judgment and order dated 14 November 1994 by th......d Judge rightly set aside the judgment and order of the Election Appellate Tribunal. The petition is, therefore dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 59 ...... secured 1644 votes. At Dopolla Janata High School Centre out of 2048 only 1220 votes were cast out of which the petitioner secured 371 votes and respondent No.1 secured 528 votes. 4. At the trial the petitioner examined six witnesses including himself and respondent No.1 examined four wit..Category: Others | Date: | Hits: 98
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