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Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ......ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ......the doctrine of estoppel claiming reinstatement in their service. Mr. Nurullah further submits that the writ petitioners being the workers of a Corporation were not entitled to invoke the writ jurisdiction where the matter of disputes were to be dealt with and disposed of the Labour Court. ..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ......ngs and with effect from the date of submission of such application the Government of Bangladesh shall cease to be a party to such proceedings and, if such proceedings cannot continue in the absence of the Government of Bangladesh, the proceeding shall abate." 9. On 3 ......y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ..Category: Property Law | Date: | Hits: 43
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....eral that the reason for impounding the petitioner's passport fits with the provisions of the Passport Order as quoted above". The afore-quoted observation of the High Court Division seems to us is totally unfounded in law and misconceived. 17. Mr. Rafiqul Huq seeks a direction upon the respo......are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......ng any opportunity of personal hearing in violation of the principle of nature justice and where in gross violation of the principle of natural justice an order passed mala fide is challenged in writ jurisdiction the writ petitioner need not exhaust the alternative remedy in that a mala fide order i..Category: Constitutional Law | Date: | Hits: 208
Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)
....n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ......n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ...... was not maintainable. The appellant's Civil Petition for Leave to Appeal was dismissed by this Division on the following reasoning's:- "Under Section 4(2) of the said Act the jurisdiction of the Administrative Tribunal can be invoked only by a person in the service of..Category: Administrative Law | Date: | Hits: 124
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ......ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ......ed their possession in the land in suit affirmed the judgment and decree of the trial Court. 6. Some of the heirs of defendant No. 1, Nabisuddin, moved the High Court Division in revisional jurisdiction and obtained Rule. The High Court Division made the Rule absolute on the findings that..Category: Property Law | Date: | Hits: 37
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....by two sale-deeds in 1963, as such, the respondents got possession of only 18 decimals of land in Plot No. 332, This area in Plot No.332 together with 4½ decimals in plot No. 339 brought the total area of land purchased by them to 22½ decimals. Thereafter Hiralal and Narendra transf......limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ......limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ..Category: Property Law | Date: | Hits: 35
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
.... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ...... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ......of the case land, when the disputed record was prepared. 10. The High Court Division reversed the decision of the Courts below with the observation that the Courts below traveled beyond the jurisdiction vested in them under section 143A of the State Acquisition and Tenancy Act in deciding..Category: Property Law | Date: | Hits: 28
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....o.199, under Khatian No.140 and Plot No.199/1073 of Khatian No.141, from Golam Rahman by executing an Osat Raiyati kabuliyat dated 25 Sraban 1338 B.S. corresponding to 14 August 1931 AD for a total area of 1.08 acres at a rental of Tk. 10/- per year. He also took the land recorded in Plot N......d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ......d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ..Category: Property Law | Date: | Hits: 55
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....e set aside and that of the District Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......e set aside and that of the District Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......exclusion of this time spent in legal proceedings in wrong forums, has been invoked by Mr. Khan. This section is quoted below- "14. Exclusion of time of proceeding bonafide in court without jurisdiction. In computing the period of limitation prescribed for any suit, the time during which..Category: Procedural Law | Date: | Hits: 112
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ......the Registration Act and the decisions reported in ILR 1914 Calcutta at page 972 and AIR 1925 Madras at page 430. The learned Single Judge observed: "In the absence of any evidence on record to show that the transferee of the sale deed, dated 15.1.70 (E......ellip;………(11) The interest of a third party has been affected by fraudulent registration with an entry of fictitious non-existent property for the purpose of conferring jurisdiction in a different Sub-registration Office, and on the strength of such kabala the suit fo..Category: Property Law | Date: | Hits: 36
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ......n story." Thirdly the High Court explained: ''It is strange to find that none else was coming from the opposite direction to face the accused and arrest him." And further observed: "The absence of the persons who, arrested the accused and the lathi at the help of which the dagger was b......s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ..Category: Criminal Law | Date: | Hits: 64
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ......and the lower Appellate Court that the defendant's settlement from Priyabala was spurious, the learned Counsel contends that even it the defendants did not acquire any title by settlement yet absence of their title will not help the plaintiff’s case which must fall as they have failed......l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ..Category: Property Law | Date: | Hits: 32
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
....h Sharif; that the requisition proceeding in the name of Chittagong Municipality Corporation as requiring body is a mere device for conferring benefits on private individual. It is mentioned that the total quantity of land in L.A. Case No. 2 of 1982-83 is 0.139 acres of which, 0.144 acres belonged t...... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161.......ll be the conclusive evidence that the property is needed for a public purpose. Once a property has been acquired for a valid public purpose under section 44 of the Ordinance, the Civil Court has not jurisdiction to question its validity…………..(8) Once it is held that the land has been req..Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......nal Miscellaneous petition was filed some time after July 13, 1982, the date of judgment of the aforesaid appeals, it could not be heard immediately due to several adjournments on the ground of the absence of the respondents' Counsel from the country. On February 3, 1983 after hearing the partie...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....co-accused Sattar Mir who himself retracted the confession and that there is no evidence direct or circumstantial to corroborate the confessional statement, and as such the conviction is totally illegal. 4. Evidence adduced by the prosecution in this case consists of the stateme...... will not certainly keep evidence of his crime by hanging the dead body in or near his own house. The confessional statement of a co-accused shall not be used as the sole basis of conviction in the absence of independent corroborative evidence………………. (8,1......ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ..Category: Criminal Law | Date: | Hits: 63
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ......Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ......o Drug Court shall take cognizance of an offence except on a report in writing made by the Licencing Authority. It is contended that entire proceeding before the learned Magistrate is without jurisdiction as such the case should be transferred to the Drug Court at Dhaka. 5. Se..Category: Criminal Law | Date: | Hits: 59
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....tuted Mortgage Suit No. 26 of 1960 in the 1st court of Subordinate Judge, Chittagong against respondent No. 2, Hill Top Tea Company Limited (in liquidation) for foreclosure of mortgage on the total claim of Tk.6,40,000/-. Under the provisions of the Banking Companies Ordinance, 1......n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ..Category: Business or Commercial Law | Date: | Hits: 139
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ...... not duly notified by the trial court as to the date of hearing of the temporary injunction matter and as such the impugned order of temporary injunction was passed in its absence. Respondent No.1 thereafter preferred first Miscellaneous Appeal No.173 of 1984 in the......has the requisite pre-qualificati6n to submit the tender and whether due to lack of such pre-qualification, if any, the acceptance of the tender by respondent Nos. 2 and 3 has been illegal, without jurisdiction and void is the subject matter of the suit for such declaration. Before us the p..Category: Others | Date: | Hits: 84
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....has not been considered in either of the courts below. This contention does not appear to be factually correct, for the trial Court is found to have considered this plea and rejected it in view of total absence of evidence or circumstances supporting the plea. The plea was that these three accus...... victim on certain point is an irritating question but the Court can prefer the evidence of the eye-witness if there be no reasonable ground to disbelieve the eye-witness. Conviction in the absence of charge Although no charge was framed against the accused appellant under section ......e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....said notification was challenged in writ petition No. 859 of 1977 filed by the attorney (wife) of the respondent No. 1 but on December 14, 1977 the said writ petition was withdrawn. 12. The sum total of the submissions of the learned Additional Attorney come to that during the war of liberat...... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371....... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371...Category: Property Law | Date: | Hits: 40
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