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Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....lation of the specific provisions of the statute. 5. Administrative Tribunal case was filed on 29-12-90. In this case, appellant Raziul Hasan and respondent No. 7 SA Jalal were not initially made parties. Subsequently, on 5-8-92 respondent No. 1 filed an application for addition of parties for i......nt and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ......nt and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ..Category: Administrative Law | Date: | Hits: 167
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....a criminal prosecution and hence the kabalas are void and hence the suit. 3. The case of defendant Nos. 1 and 2 was that the plaintiff and his wife willfully caused injury on different parts of the body of defendant No.1 by a Sharp-cutting weapon for which she remained in hospital f......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 ......obliterate the real difference between the motive for the agreement and the consideration for it. In that case, certain goods belonging to the appellants were pledged with the bank as security for loan and the same were kept in a godown. The appellant in collusion with the bank people removed th..Category: Property Law | Date: | Hits: 72
Mostafa Kamal (Md) Vs. First Court of Settlement and others, 1996, 25 CLC (AD)
....no illegality in the impugned judgment and order of the High Court Division. The petition is, therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 61 ......n besides the original deed of lease and the subsequent kabalas by which his vendor Mokshed Ali and he himself got title to the property, he produced the Municipal receipts dated 13.6.88 regarding payment of taxes from 1977-78 to 1985-86, electricity bills, installation of telephone in June 1984......no illegality in the impugned judgment and order of the High Court Division. The petition is, therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 61 ..Category: Property Law | Date: | Hits: 48
Mohammad Brothers Vs. Collector of Customs and another, 1996, 25 CLC (AD)
.... High Court Division dismissed the writ petition in limine on the ground that when the goods were imported in breach of the sales contract relating to the rate there is no want of authority on the part of the revenue to enforce the rate prevail for levy of such duty. When breach of contract disp......24-4-94 between the petitioner and the exporter provided that the LC would be established on 30-6-94. Hence the sales contract is not acceptable. The imported consignment was seized releasable on payment of a fine of Taka 20, 000.00 and the duty imposed by the appraiser. 3. The petitio......missions made by him before the appellate body which will not be inhibited by any observation or finding on the merit of the petitioner’s case. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 111
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
....ent may have 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 ......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 ......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 ..Category: Criminal Law | Date: | Hits: 60
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
....Industry. The tenders were not opened on that d fixed, 13 June 1990. The plaintiffs did not know when they were opened and in whose presence. Thereafter the Bank carried on negotiation with various parties including the plaintiffs. As a result of discussion between the plaintiffs and the Bank it ......h various parties including the plaintiffs. As a result of discussion between the plaintiffs and the Bank it was agreed between the parties that the industry would be restored to the plaintiffs on payment of Taka 1,54,12,000.00 in full and final settlement of all claims of the Bank. Accordingly,......e Bangladesh Shilpa Bank respondent No. 2 to Mr. Deen Mohammad Rana Respondent No. 1 is illegal, malafide and without jurisdiction and void. 2. The plaint case is, that plaintiff No. 1 took loan from the Bangladesh Shilpa Bank for a sum of Taka 1,22,58,702 during the period from December ..Category: Business or Commercial Law | Date: | Hits: 107
A K Mohammad Idris Vs. Bangladesh Krishi Bank and Others, 1996, 25 CLC (AD)
...., 1989 the appellant reiterated his claim for pension. He stated that in the last week before his retirement he made a courtesy the call on the Deputy-Director of the Bank’s Administration Department and orally expressed his option for pension and that he did not receive the gratuity. The ......t the time of final decision as to pension. The Bank by its before letter dated 8th September 1987 rejected the appellant’s application stating that there was no provision for paying advance payment against the gratuity benefits and if the pension scheme be introduced and given retrospecti......e Appellate Tribunal are set aside and those of the Administrative Tribunal are restored. The appeal is allowed with cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 48 ..Category: Employment/Service Law | Date: | Hits: 150
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....Article 74(1) of the Indian Constitution and a large volume of cases of Indian 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 ......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 than the previously-determined price and on payment of the price of land on interest-free instalments, with a view to deriving pecuniary benefit......ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ..Category: Anti-Corruption Laws | Date: | Hits: 105
Government of Bangladesh Vs. Hasan Movies Ltd. and others, 1995, 24 CLC (AD)
....Result: The appeal is allowed. Judgment June 28, 1995. Lawyers Involved: AW Bhuiyan, Additional Attorney-General instructed by B Hossain Advocate on Record-for the Appellant. Ex-parte— the Respondents. Civil Appeal No. 39 of 1991. (From the Judgment and order dated, 2......allowed without any order as to costs. The judgment of the High Court Division stands modified only to the extent as mentioned above. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 40. ......allowed without any order as to costs. The judgment of the High Court Division stands modified only to the extent as mentioned above. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 40. ..Category: Labour and Industrial Law | Date: | Hits: 130
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....y the High Court Division in that behalf. We have heard some arguments made by the learned Advocate for the respondents, Mr. Amirul Islam, as to the content and extent of the rule of natural justice, particularly as are applicable in the facts of the present case. Mr. Islam read out passages from De......pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ......pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ..Category: Constitutional Law | Date: | Hits: 169
Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)
....ve right of operation of the aforesaid communication systems for a period of 5 years from the same date. BTL implemented three communication systems with its own finance, but it had to seek foreign parties for installation and operation of Cellular Radio Telephone Service as it required huge inv......ished by the petitioner with the exchange of BTTB through a Public Switch Telecommunication Networks (PSTN) connection. BTL applied for PSTN connection and BTTB issued a demand note on 5.5.9 1 for payment of nearly Taka 41 lakh toward charges of PSTN connection. The petitioner made arrangement f......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)
....on in Writ Petition No. 1286 of 1992) Judgment Mustafa Kamal J.- These two appeals by leave are from the same judgment and order of the High Court division dated 18.8.92 discharging the Rule in part and making the Rule absolute in part in Writ Petition No.1286 of 1992. The writ petition is the......he Government shall have the exclusive privilege of establishing, maintaining and working telegraphs: Provided that the Government may grant a licence, on such conditions and in consideration of such payments as it thinks fit, to any person to establish, maintain and work a telegraph within any part......etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20..Category: Information Technology Law | Date: | Hits: 242
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....tion for the suit land only and to the exclusion of the structures thereon, in the facts and circumstance of the case, was barred under the principles of Mohammedan Law which prohibits granting of partial pre-emption. 2. Material facts necessary for disposal of the point raised, bri......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 ......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
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
....ough the alleged death of Alimannessa and her burial in Mohammadpur graveyard on 10.3.1975 as alleged by the respondents was disbelieved by the Court of Settlement, it failed to take notice of that part of the evidence by which it was sought to be proved that the respondents and their mother had......ouse at least since 1973 and to whom the house was subsequently sold, he having been treated as a valid allottee. Mr. B Hossain, learned Deputy Attorney-General, produced an original chalan showing payment of rent by the said Abdul Aziz Mridha on 26 December 1973 in pursuance of notice dated 8.1...... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ..Category: Property Law | Date: | Hits: 57
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....here-about, originally belonged to one Dr. S M Shamim, who took a loan from Rupali Bank (the then Muslim Commercial Bank) on 26.6.70 and on his failure to repay the loan Rupali Bank obtained an ex parte decree on 26.7.72 against Dr. Shamim in Money Suit No. 32 of 1972 from the 3rd Court of Munsi......ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ......o. 145A. Road No. 2 Dhanmondi Residential Area, Police Station—Lalbagh, District— Dhaka standing on 1 bigha of land or there-about, originally belonged to one Dr. S M Shamim, who took a loan from Rupali Bank (the then Muslim Commercial Bank) on 26.6.70 and on his failure to repay the ..Category: Property Law | Date: | Hits: 61
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
.... Ahmed where they used to take their meals and confronted Omar Ali and Mofiuddin. It is alleged that both the accused asked them about their whereabout and also charged them to the effect that they participated in a rioting case. Both Omar Ali and Mofijuddin denied the charge but the accused Tar......ssed his inability to pay the amount at once, in the meantime Anjumannessa Bibi, wife of Ali Ahmed appeared on the scene and on her surety both Omar Ali and Mofijuddin were released on a promise of payment of Rs 20.00 on the following Saturday. The occurrence of the said date was alleged to have......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....rds and inward starting below the left ear and cutting the upper cervical bone, left side of the mandible and other tissues of the neck. 4. Another incised looking wound on i.e. upper part of left side of back maxilla measuring 5" x 5" cutting the second left rib. ...... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ...... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
.... lands in suit as described in the schedule to the plaint. 2. The case of the plaintiffs, in short, is that the lands of Patta No. 47/2 belonged to them and their co-sharers and by amicable partition amongst the co-sharers the plaintiffs got the said lands of the said patta in their saham......ging 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 deni......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
Safar Ali and others Vs. State, 1972, 1 CLC (HCD)
....ence on the previous day, the petitioners came to the ditch in a body, armed with lathi and fala, with the common object of assaulting the complainant and, in fact, they assaulted him on different parts of his body, the fala blows being inflicted by the petitioner No. 1 Safar Ali. 4. The ......d sentenced to pay a fine of Rs 200.00, in default, to undergo rigorous imprisonment for 3 months. Further, it has been ordered that the imprisonment of the petitioner No. 1 Safar Ali in default of payment of fine will run consecutively. 3. According to the prosecution case, the complaina......isonment for one month. If there is default in the payment of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ..Category: Criminal Law | Date: | Hits: 69
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
....er of the premises and is in possession of the same in his own right as the owner and cannot be .evicted. He contended that the suit is not maintainable in its present form. On the pleadings of the parties, the learned Munsif framed the following issues: "1. Is the suit maintai......upation from the time of her husband with the knowledge and consent of the plaintiff and, as such, the defendant No. 1 has not violated the terms of the tenancy. She also denied having defaulted in payment of rent. Her further case was that during her temporary absence from Chittagong the plainti...... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ..Category: Property Law | Date: | Hits: 71
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