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Sunder Ali being dead his heirs A. Hannan & ors. Vs. Md. Serajul I. Sarker & ors., 2004, 33 CLC (AD)
....allowed. The trial Court is directed to proceed with the trial of Title Suit No. 4 of 1995 and to dispose of the same expeditiously. There is no order as to costs. Ed. ......nt as a whole in order to see whether the plaintiffs had a cause of action for the suit. It was also submitted that the decision of the High Court Division in making the Rule absolute was wrong on principle and has also caused miscarriage of justice in the facts and circumstances of the case.&nb......espondents Judgment April 27, 2004. The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11 Cause of action is bundle of facts and for the ascertainment of the cause of action Court is required to read the plaint in its entirety&h......allowed. The trial Court is directed to proceed with the trial of Title Suit No. 4 of 1995 and to dispose of the same expeditiously. There is no order as to costs. Ed. ..Category: Property Law | Date: 27 Apr, 2004 | Hits: 102
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......iscellaneous Case were filed stating, inter alia, that by the 2 separate kabalas of June 25, 1988 the heirs of Khan Bahadur Aman Ali without serving notice to the co-sharer have sold the land of the aforesaid R.S. Khatian to the pre-emptees and fact of purchase was first disclosed to the pre-emptor'......e said submission the learned Counsel has referred to Rule 17(2) and Rule 19 of the Civil Rules and orders. 16. True pleadings as well as petitions of allkinds requiring to judicial investigation of determination require to be verified in the manner as provides in Order 6 Rule 15 of the Code of Civ..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
.... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ......s own discretion. Court may entertain a writ petition when alternative remedy of appeal is not equally efficacious and effective but not when such remedy is avoided of…..(7) (ii) It is the principle of law that an ad interim order could be passed only in aid of or ancillary to main relief...... is the principle of law that an ad interim order could be passed only in aid of or ancillary to main relief that may be available upon final decision of any right in any suit or proceeding pending before any Court or Tribunal. Hence without issuing any rule High Court Division was not authorized in......y, submitted that ad interim relief in the nature of stay could only be granted in aid of and/or ancillary to the main relief upon issuance of Rule under Article 102 of the Constitution pending final determination of any right to relief before the High Court Division and, as such, while summarily re..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
.... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ......t Division was in error in making the Rule absolute and thereupon decreeing the S.C.C. Suit. He also submits that in the background of the facts and circumstances of the instant case the accepted principle that a tenant is estopped from denying title of landlord or from taking different stand ......ocate, instructed by Md. Nawab Ali, Advocate-on-record-For the Petitioner Nurul Amin, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-record- For the Respondents Civil petition for leave to appeal No. 528 of 2003. (From the Judgment and Order, dated February 9, 2003 passed ...... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
....discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......ing the identity of theperson who was said to have made allegation, nor disclosing the source wherefrom the allegations were received and termination of the appointment so made was violation of the principle of natural justice since he has been condemned or, in other words, his professional reput......angladesh was appointed along with another Advocate as the Special Public Prosecutors to conduct hearing of the Sessions Case No. 120 of 1993. The respondent No. 1 while conducting hearing of the aforesaid Session case, the Ministry of Law, Justice and Parliamentary Affairs (Solicitor Wing), by ......discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
.... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ......s version as regards the so called complaint(s) before passing of the order of removal from the Office of the Special Public Prosecutor, as such, the order of removal so passed is violative of the principle of natural justice. 3. The respondent Nos. 1 and 2 contested the Rule by fil...... The government is legally authorised to terminate appointment of a Special public prosecutor out of necessity. Questioning legality of termination of such appointment by one claiming himself as informant or witness of the case, “can hardly be considered legally well conceived” and s...... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......ances. 17. Placing of reliance on the maxim "Justice delayed is justice denied", as the ground for quashing criminal proceeding is not well founded view or, in other words, is contrary to general principle of non‑quashing of criminal proceeding on the mere ground of delay, except in case of' e......rol or factors which are outside the control of the prosecution or the delay that has occurred is not a deliberate act of delay on the part of the prosecution in that case delay shall not be a ground for quashing of the proceeding…………………..(10 & 13) Investigation by Assistant In......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......ot;In view of the aforesaid finding's the grounds upon which review of the judgment is sought have already been decided. A wrong decision on interpretation of certain provision of law ‑or principle laid down in a decision relied upon by a Court are no grounds for review "Error app......Record-For the Respondent. Criminal Review Petition No. 4 of 2004. (From the judgment and order dated 9th December 2003 passed by the Appellate Division in Criminal Petition for Leave to Appeal No. 97 of 2003 with Criminal Miscellaneous Petition for Leave to Appeal No. 13......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......Act, 1872 (I of 1872) Section 73 The High Court Division is competent enough to compare signature of the defendant in the bianapatra with available authenticated signature of the defendant. Therefore The High Court Division was in error in sending the case back on remand for the same purpose to......him to do something or to fill up the gap in the prosecution of the case. 8. The order of remand by the Court should except in air exceptional case, be avoided when the point in question for the determination whereof order of' remand is made can very much be disposed of finally by itself since ..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ......s guilty. II. For that the learned Judges of the High Court Division erred in law having failed to apply their judicial mind to the general provisions and principles laid down in Part V, Chapter 1, sections 130, 131, 132, 133 and 135 of the Ordinance, s......on of Bangladesh, 1972 Article 9 The Pourashava Ordinance, 1977 (XXVI of 1977), Section 13(1) (d) The matters in Article 9 of the constitution are the policy matters of the Republic for the attainment thereof endeavour shall have to be made by the state to fulfill the same. ......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
....
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
...... objections in its written statement, filed on 7-10-2002 but did not raise the objection with regard to the jurisdiction of the Labour Court in disposing of the said IRO case although it is a settled principle that the objection with regard to jurisdiction of a Court has to be taken at the very outs......ons of their service are regulated by the provisions of the Ordinance itself…. (45)
In accordance with the provisions of section 18(2) of the Act, a worker cannot be kept under suspension for more than 60 days and since the order of suspension dated 31‑5‑1998 of the first-party expir......
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ...... the employer is obliged to pay it to the employee for the services rendered to it. 30. With respect, I find it difficult to accept the proposition laid down in this decision. In laying down the principle the learned judge lost sight of the legal characteristics of "debt" and failed t......t. Company Matter Nos. 96 and 97 of 2001. Judgment Syed Amirul Islam J.- These two matters namely, Company Matter No.96 of 2001 and Company Matter No.97 of 2001 were taken up together for hearing because the respondent in both the matters is the same company and issues involved are a......rder to appreciate the scope of the arguments advanced by the learned Advocates let us examine the law and ascertain the legal characteristics of debt. 10. Thus, the only question that calls for determination in these cases is, whether the arrear salary and other emoluments of an employee of a ..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ......th is caused on account of dowry. No alternative punishment has been provided for the offence. Now the question is, whether the Bishesh Adalat is justified in convicting the condemned prisoner on the principle of res gestae as applied in this case. 9. Section 6 of the Evidence Act provides that......tion 25 of the Nari-o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 has been made by the Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Lakshmipur. Condemned prisoner Md. Abu Taher has faced trial before the Bishesh Adalat in Nari‑o‑Shishu Niriatan Daman Case No. 65 of 1997. The Bishesh Adalat ......inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......nt No. 1 by filing Title Suit in the 3rd Court of Subordinate Judge, Dhaka, the appellants, under the law, are debarred to claim tenancy right under the present respondent No. 1. 14. Further, the principles laid down in 39 DLR (AD) 111 cited by Mr. Farooqui appears to be applicable in the pres......the vacant possession of the ground floor of the building situated at Holding No. 21, Motijheel Commercial Area, Dhaka occupied by the appellants and respondents Nos. 3‑17 stating, inter alia, that former Government of East Pakistan by a registered deed of lease dated 6‑10‑65 granted lease of ......e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ......ing death. In a wife murder case when the wife met her death while in house of husband, the latter is to explain under what circumstances the wife met with her death. In husband murder case, the same principle will apply. It demonstratively came to light that condemned prisoner and deceased had been......of 2001). Death Reference No.43 of 2001, Criminal Appeal No.3459 of 2001 and Jail Appeal No.3887 of 2001. Judgment AK Badrul Huq J.- Paradigm of taking life of wife by husband, whether for dowry or for any other cause is not rare but archetype of doing to death by wife of husband is s......ng in presence of P.W.11 and other persons. Final shot fired stood missed. Fifth and last branch of contention could not impress us and it is rejected. 65. The kernel questions which survive for determination are: I. Whether awarding of conviction for offence of section 302 of the Penal Co..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
.... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ......und that Nazrul was apprehended just immediately after the occurrence and that he was insane at or about the time of occurrence, which was admitted by the prosecution witnesses. It is the established principle of criminal jurisprudence that the defence is not required to examine any witness in suppo...... Judgment SK Sinha J.- This reference under section 374 of the Code of Criminal Procedure was made by the learned Additional Sessions Judge, 3rd Court, in charge of the Second Court, Kishoregonj for confirmation of death sentence awarded to the condemned prisoner Nazrul Islam @ Nazrul by judgme...... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
.... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ...... rule "ei incumbit probatio quit dicet non que negat" the burden of proving a fact rests upon the party who substantially asserts the affirmative of the issue and not upon the party who denies it; for a negative is usually incapable of proof. This Rule is derived from Roman Law and, is supportab......atisfied with the above adjudication by Appellate Judge. Vendor as petitioner approached this Court in this Revision petition under section 115 of the Code. 4. The Only question that outlasts determination is whether decision contributed by Appellate Judge in allowing Pre-emption Miscellane..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......ffence. The Tribunal has been left with no discretion in awarding the sentence in case of death for dowry, if the prosecution has been able to prove the charge against the accused. It is the cardinal principle of the interpretation of the statute that if there is any ambiguity in the words which set...... read with section 374 Cr.P.C. has been made by the Judge (District & Sessions Judge) of Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, (sic) (Nari‑o‑Shishu Nirjatan Daman Tribunal) Comilla for confirmation of death sentence awarded to the condemned prisoner Bahar Mia by judgment and order......he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Secretary, Ministry of Health and Family Welfare & others Vs. Parvin Sultana, 2005, 34 CLC (AD)
....illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed. Ed. ......but with no effect. The petitioner has further stated that the Ministry of Establishment vide memo dated 10‑2-1987 in order to avoid transfer of 3rd and 4th class employees provided the principle which was duly approved by the Cabinet Division Meeting dated 23‑2‑1986 and p......neral, instructed by B Hossain, Advocate‑on‑Record‑ For the Petitioners. Ataur Rahman Khan, Advocate-on‑Record‑ For the Respondent. Civil Petition for Leave to Appeal No. 1329 of 1999. (From the judgment and order dated 11th August,&nbs......illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed. Ed. ..Category: Constitutional Law | Date: 10 Jan, 2004 | Hits: 246
Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)
....cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ......ch section is a highly penal section as it makes a person who is a Director of the Company vicariously liable for an offence committed by the Company. Therefore, in accordance with the well‑settled principles, such section should be constructed strictly. The words “responsible for the conduct of......der the record of the case and the documents submitted therewith and upon hearing the submissions of the accused and the prosecution to come to a considered finding that there is no sufficient ground for proceeding against the accused and while discharging the accused the Court shall record the reas......offence. 14. The words “deemed to be" has been expounded in the case of Begum Motia Akhtar Khanam vs. Shawrat Ara and others reported in 42 DLR (AD) 26 as under: "And then the transferee on determination of interest of the transferor shall be deemed to be a tenant in respect of such premis..Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340
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