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Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....e are extraneous matters and should not have been the subject matter of concern of the learned Judges of the High Court Division. 7. For a decision in this case Rule 57 of the said Rules is relevant and it is quoted as follows: "57. Enquiry procedure.‑ (1) Major p......nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ......ecord -For the Appellant. A Rab Chowdhury, Advocate instructed by ANM Manjurul Hasan Advocate- on- Record- For the Respondent. Civil Appeal No. 24 of 1993 (From the Judgment and Order dated 22.10.91 passed by the High Court Division in Writ Petition No. 128 of 1987). ......nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ..Category: Employment/Service Law | Date: | Hits: 134
Bangladesh Road Transport Corporation Vs. Aminur Rahman & another, 1995, 24 CLC (AD)
.... Chairman Bangladesh Road Transport Corporation, removing petitioner‑respondent No. 1 from service to be without lawful authority and of no legal effect. 2. Respondent No. 1 who at the relevant time was the Manager (Technical) Bangladesh Road Transport Corporation. Training Institute......nor there is any stigma imputed to the respondent. On the face of it, it appears to be an innocuous order under Regulation 55(2). But the High Court Division with reference to the petitioner's own papers, which are not denied, found that Regulation 55(2) was used as a camouflage for hiding the r......e, Supreme Court, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑For the Respondent No. 1. Civil Petition for Leave to Appeal No. 146 of 1993 (From judgment and order dated 4th January, 1993 passed by the High Court Division, Dhaka in Writ Petition No. 114....... 7. In the circumstances, we do not think it to be a fit case for interference. The Petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 66 ..Category: Employment/Service Law | Date: | Hits: 101
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....viction from the Port area. 12. An affidavit‑ in‑opposition was filed on behalf of the appellant Government describing the aforesaid background story of the order of detention as "absolutely irrelevant" and justifying the grounds upon which the order was made and contending further that the d...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ......Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh ………………………………………………………………………Appellant Vs. Dr. Dhiman Chowdhury and others.........................Respondents Judgment August 9, 1993. Cases Referred to- ......pon which the order was made and contending further that the detention order was passed by the appropriate authority after proper application of mind, that the Government has valuable incriminating documents in its possession in support of the prejudicial activities indulged in by the detenu which..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....uld involve hardship on the appellant. 2. Plaintiff‑respondent is a Bangladeshi businessman residing in London where he acquired a residential house and usually resides there. At the relevant time, in the 'seventies' he had a partnership business with one Asgar Hossain Khondkar who......(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......al J Latifur Rahman J Quazi Din Mohammad......... …………………….Defendant‑Appellant Vs. Al‑haj Arzan Ali and another.................. Plaintiff‑Respondents Judgment July 11 th 1994.......(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ..Category: Property Law | Date: | Hits: 69
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ...... and that defendant No. 5 after obtaining the compromise decree filed a mutation case under section 54 of the State Acquisition and Tenancy Act and got her name recorded. 9. The appellant's papers concerning the pattan and the original kabala were not before the court. The appellant was n......ahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sova Rani Guha alias Sova Rani Gupta ....................................Appellant Vs. Abdul Awal Mia and others.....................................................Respondents Judgment Ju......hased the shares of the successor‑in‑ interest of Aswini Kumar Dhar. 3. Defendant No. 5, Golap Mani, contested the suit asserting, inter alia, that the plaintiffs obtained their documents from fictitious persons; that she was one of the auction ‑purchasers; that the comp..Category: Property Law | Date: | Hits: 51
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ...... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Mohammad Salem Azam and others.................................Appellants Vs. The Secretary,......ok and contended that by a notice dated 5.10.93 the Ministry of Works asked both the appellants to appear before respondent No. 1 on 13.10.93 at 10 AM for a personal hearing bringing with them all documents in support of their documents of title. 8. The said notice was served on appellant..Category: Property Law | Date: | Hits: 62
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....nd the lands vested in the Government under section 11 of the said Ordinance as the compensation money has been deposited by the Deputy Commissioner in the public account on 25.11.1989. He showed the relevant chalan to us. Section 74(3) of the Act reads thus: "74 (3). All future developments......ion for the said acquisition. A copy of the agreement dated 10 June 1988 in connection with LA Case No. 2 of 1987‑88 as required under section 15 of the Ordinance has also been supplied. From these papers it appears that there was no procedural illegality in the acquisition proceeding. 31. It ...... J ATM Afazl J Mustafa Kamal J Latifur Rahman J Grihayan Limited.........................Appellant Vs Government of Bangladesh, through the Secretary, Ministry of Public Works and Urban Development, Bangladesh Secretariat, Dhaka and others .....................Respondents ......tion. A few months later on 13 August 1990 that order was cancelled, but a memorandum was issued on 6 September 1990 asking all authorities to keep those lands of the appellant for which it submitted documents of title out of acquisition. Finally, on 27 September 1990 only 21.09 acres of land of the..Category: Property Law | Date: | Hits: 79
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
....found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ......ain release on bail from the Thana Magistrate. Mr. Mahmud contends that this illegal act of the Additional Deputy Commissioner was done at the instance of the Minister. Mr. Mahmud has referred to the papers submitted by the appellant which show that the appellant is not only a member of Parliament b......or the Appellant. Amirul Kabir Chowdhury, Deputy Attorney General, instructed by B. Hossain, Advocate-on‑Record ‑For the Respondent. Criminal Appeal No.12 of 1993. (From the judgment and order dated 15‑7‑93 passed by the High Court Division in Criminal Revision No. 1768 of 1992)......) of Act II of 1947. Of them only the appellant came to the High Court Division seeking quashment of the proceedings on two grounds as stated above and in support of these two grounds, he placed some documents. 3. Allotment, lifting and distribution of the CI sheets are not disputed; but appellan..Category: Criminal Law | Date: | Hits: 76
Abdul Motaleb and others Vs. Shahed Ali and others, 1995, 24 CLC (AD)
....rder No. 3741 of 1993, by a Single Judge of the High Court Division. The petitioners are now seeking leave to appeal from the impugned judgment of the High Court Division. 2. The short fact relevant for the disposal of this application is that the plaintiffs‑respondents filed the af...... for the petitioners, could not show any error of law in passing the impugned order. 4. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 09 ......urt Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Motaleb and others....................... Defendant‑Petitioners Vs. Shahed Ali and othe...... for the petitioners, could not show any error of law in passing the impugned order. 4. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 09 ..Category: Property Law | Date: | Hits: 64
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....asure of the President or the Governor under Article 3 10(l) is not subject to Article 309 and cannot therefore be fettered or impaired by Rules made under Article 309. 7. After a review of relevant authorities, a Constitution Bench of the Indian Supreme Court held in LR Khurana vs. Union......uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ......ATM Afzal J Mustafa Kamal J Latifur Rahman J Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps .............Appellant Vs. Government of Bangladesh and other .......................Respondents Judgment August 18th, 1994. Case......uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ..Category: Constitutional Law | Date: | Hits: 203
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....the trial of the suit. But at the time of argument the defendants’ lawyer pointed out that summons and notices were not served upon defendant No.5 Khalequzzaman who was in Dhaka Central Jail at the relevant time. The appellant filed an application praying for issuance of a fresh summons upon defen......t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ...... Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Khaledur Reza Chowdhury (Md)……………………………………………..Appellant Vs. Saleha Begum and others…………………….Respondents Judgment August 14, 1996. Result: The ap......il revision case it was found that in one of the suit lands one Md. Mohsin and his wife Rabeya Begum were making preparation for construction of a building. The appellant obtained certified copies of documents executed by Habiba Banu and other defendants in favour of the said Mohsin and Rabeya Begum..Category: Property Law | Date: | Hits: 59
AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)
....ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ......andra Nath, AIR 1958 (Assam) 183, in which it was held that the fact that the person had preferred an appeal against conviction and sentence and the appeal was pending at the time when his nomination papers were being considered would not remove the disqualification under section 7 (b), except in th......r Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J AKM Mayeedul Islam………………………………………………….Petitioner Vs. Bangladesh Election Commission and others ……………Respondents Judgment June 5, 1996. Result: The petition is di......ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ..Category: Election Law | Date: | Hits: 133
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ......empted to outrage her modesty. In the morning of 7-8-87 the appellant put pressure on the respondent to marry her. The appellant took her to an office and went away on the plea of procuring necessary papers for the marriage, leaving her alone in that office. The respondent waited for him throughout ......ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Rahela Khatun ……………………………….Appellant Vs. Abul Hassan and others……………………….Respondents Judgment August 6, 1996. Resul...... case against him. As the appellant did not agree he pulled her by her hands on 2-3-90 and thereby violated her modesty and forcibly her signature in some blank white papers in order to make valuable documents. 5. The learned Magistrate after examining complainant on 4-3-90 sent the case for judi..Category: Criminal Law | Date: | Hits: 85
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....tiff and the defendant, the defendant could raise the plea of title. 9. To answer the first question it may be pertinent to refer to some of the provisions of the Small Cause Courts Act, which are relevant. 10. Section 15 reads: “(1) A Court of Small Causes shall not take cognizance o......der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ......6) 205 ......der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ..Category: Tenancy Law | Date: | Hits: 87
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
...., however, be accepted at this late stage of this case, as a case of set-off was not made out in the written statement. Nor were these papers filed before the courts below, Annexures A-D are also irrelevant. Annexure ‘A’ dated May 15, 1987 and ‘B’ dated April 25, 1987 are ......d before this court for the first time Annexures ‘A’ ‘B’ ‘C’ and ‘D’ by an application for acceptance of the documents as additional evidence. These papers cannot, however, be accepted at this late stage of this case, as a case of set-off was not m......18 of 1994] Government of Bangladesh………………….…….Petitioner [In Civil Petition No. 39 of 1994] Vs. Rakibuddin Ahmed and others……………………Respondents Judgmen...... his contention the learned Counsel placed before this court for the first time Annexures ‘A’ ‘B’ ‘C’ and ‘D’ by an application for acceptance of the documents as additional evidence. These papers cannot, however, be accepted at this late stage of t..Category: Employment/Service Law | Date: | Hits: 77
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
....right was created in favour of the writ petitioners by reason of the earlier SRO and there was no question of estoppel in demanding the customs duty on the basis of subsequent SRO in force at the relevant time. The learned Additional Attorney-General mainly submitted that the High Court Divisio...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ......iminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Collector of Customs, Chittagong and Others……………………………&...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ..Category: Business or Commercial Law | Date: | Hits: 126
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....ade the basis of a (writ) petition, the finding of violation of any one of them is sufficient to strike down and/or quash the offending law or action. For the purpose of easy reference the relevant portion of the impugned Act is reproduced below: “Whereas it is exped......sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ......urt Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bangladesh National Curriculum and Text-Book Board…………. Appellant (In Civil Appeal Nos. 76 & 77 of......sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ..Category: Intellectual Property Law | Date: | Hits: 279
Arabinda Sarker Vs. Bimalendu Bhowmik and others, 1996, 25 CLC (AD)
....and the sane was dismissed by a Division Bench of the High Court Division on 29-3-1993. Petitioner is now seeking leave to appeal from the impugned judgment of the High Court Division. 2. The fact relevant for disposal of this petition is, that one Shashi Kanta Sarker made a will on 42.63 and the......sion dismissed the appeal only on the ground of locus standi without entering into the merit of the case. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 182 ......llate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal Latifur Rahman J Md. Abdur Rouf J Arabinda Sarker ……………………….Petitioner Vs. Bimalendu Bhowmik and others……………………….Respondents Judgment June 12th, 1995 Lawyers Involved......sion dismissed the appeal only on the ground of locus standi without entering into the merit of the case. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 182 ..Category: Others | Date: | Hits: 99
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....art” and a direction was given that the concerned employees as per commitment and declaration of the Establishment Division be re-appointed in vacant re-organised Taxes Appellate Tribunal and relevant offices, after proper scrutiny of their service record, and be appointed before any new st......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 ......nt: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Secretary, Internal Resources Division, Ministry of Finance and Chairman, National Board of Revenue, Dhaka………………&helli......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)
....anction the prosecution had already started and, such, the proceeding was nullity and liable to be quashed. 10. Sections 4(1) and 6(5) of the Act which were considered in that case and as are also relevant in the present case read as follows: “4. Jurisdiction of Special Judges and cogniz......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. ......24; Ainuddin vs. State PLD 1962(WP) Karachi 738 Chikoni Bewa vs. Abdul Awal PLR (1964) 14 (Dacca) Dacca Series 557; Bangladesh vs. Abdur Rahim 35 DLR 249; Jahirul Huq Khan vs. State 9 DLR (Dacca) 109 and Md. Baharuddin Sarker vs. The State l0 DLR (Dacca) 321 ;(1945) 7 FC Reports 90 and (1945) FC Rep......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. ..Category: Anti-Corruption Laws | Date: | Hits: 92
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