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Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....led by the appellants may be returned along with the Court fees paid so that the appellants may file a fresh written statement without the counter-claim and may file a suit against the plaintiff in a proper forum using the Court fees they have paid. 25. We do not think this is necessary. The wri......ision (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sultana Jute Mills Ltd. and others................... Appellants Vs. Agrani Bank and others................ Responde......nt written statement denying the claim altogether. In paragraphs 21‑24 of the written statement they made a counter-claim of Taka 20,22,81,000.00 as "compensation" which arose out of some alleged illegalities committed by the plaintiff and they paid ad valorem Court fees on their claimed amount. ..Category: Banking Law | Date: | Hits: 168
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
....wry is a social curse which vitiates marital and social life in the entire sub‑continent and the evil cuts across all religious communities. "Dowry" in the Pocket Oxford Dictionary is stated to be "property brought by woman to her husband at marriage. 6. In the sub‑continent India was the fir...... Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abul Basher Howlader................Appellant Vs. The State and another ......Respondent Judgment June 28th, 1994. Cases Referred to- Lajpat Rai Sel......and held as follows- "The expression "marriage" having, been read in the light of the context, in our opinion, means and includes not only the ceremony of marriage but also the newly created legal status for both the husband and the wife, to be continued, asserted and recognised to be avai..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
.... and much wider than, that of an application under section 152. In exercise of power of review the Court which has made a decree may amend or modify it in any way and to any extent which it thinks proper on the basis of the record of the case, but in the case of an application under section 152 ...... Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh ……………. Appellant Vs. Luxmi Bibi and others..... Respondents Judgment April 28th, 1994. Cases Referred to- ......lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ..Category: Procedural Law | Date: | Hits: 104
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ...... This case is also reported in: 46 DLR (AD) (1994) 154 ......roceeding, but it has to be borne in mind that this original constitutional jurisdiction of the High Court Division is aimed at securing a speedy and efficacious remedy to an aggrieved person whose legal or constitutional right has been infringed. It is meant to be a summary and swift mode of di..Category: Procedural Law | Date: | Hits: 102
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....e meanwhile, in 1966 the suit premises was about to be taken over by Me Custodian of Enemy Property and proforma‑defendant 3 moved the authority concerned for release of the same and get the property released by an order dated 18.8.66. Defendants 1 and 2 on getting scent of aforesaid order......bsp; Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sudhangshu Kumar Chowdhury and another...................Appellants Vs. Ali Hossain (Md) & ors...................d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ..Category: Civil Law | Date: | Hits: 134
Secretary, Min of Ind., Nationalised IndÂustries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ...... Chowdhury J. Secretary, Ministry of Industries, Nationalised Industries Division ...........Appellant VS. Saleh Ahmed & anr ........................Respondents and Bangladesh Textile Mills Corporation……………..Appellant ......use Ltd. (1947) 1 KB 130 Denning, J considered the effect of an arrangement made by the parties and concluded: "Where parties enter into an arrangement which is intended to create legal relation between them and in pursuance of such arrangement one party makes a promise to the ..Category: Constitutional Law | Date: | Hits: 157
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....tion 20(1). An inspection team was formed by the Chairman. The Board of Intermediate and Secondary Education, respondent No. 3 herein, which after local inspection submitted a report stating that for proper management of the school a Managing Committee should be formed under Regulation 4(1). The ter......hahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Chairman, Civil Aviation Authority of Bangladesh.......................Appellant VS. Kazi Abdur Rouf and others ……………….Respondents Judgment February 16, 1994. Lawyers Involved: ......as never a departmental school of Civil Aviation Authority. On 11.10.86 the then Headmaster of the school wrote a letter to the School Inspector, respondent No. 4 herein, asking his opinion as to the legality of formation of Managing Committee of the school under Regulation 20(1). An inspection team..Category: Property Law | Date: | Hits: 86
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ......sp; Mustafa Kamal J Latifur Rahman J. Abdul Mannan alias Manu........ ..................... Appellant Vs. Sajedul Hoque and others.................Respondents Judgment April 3rd, 1994. Lawyers In......earing of the writ petition M/s Abu Bakker and Ismail Hossain, their learned Advocates, informed the Court that they had no instruction in the matter. 5. The High Court Division accepted the legal submissions of the writ petitioner on such unchallenged facts and made the Rule Nisi absolute..Category: Election Law | Date: | Hits: 136
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... contended that the suit is not maintainable in the present form; that the suit is barred under section 42 of the Specific Relief Act and the plaintiffs have no subsisting interest in the disputed property and that the plaintiffs were properly represented in the execution proceeding in question ...... Appellate Division (Civil) Present: Fazle Munim J Badrul Haider Chowdhury J Shahabuddin Ahmed J. Rekha Datta and others.........................Appellants Vs. Chittagong Urban Co-ope...... protected by the Court guardian; (b) that the sale in question was held fraudulently by suppressing all sale processes; (c) that there had been gross under-valuation of the property; (d) that the legal heirs of the deceased judgment debtor were not brought on record, instead, some fictitious na..Category: Property Law | Date: | Hits: 130
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....aintiff then challenged the order of dismissal. He asserted that the allegations of corruption and misappropriation, made against him, were false; that the enquiry committee did not hold that enquiry properly; that the Committee only asked him to answer four questions and it did not examine any witn......resented by the Secretary, Managing Committee .........Appellant Vs. Asgar Ali & others............................ Respondents Judgment March 3, 1994. Cases Referred to- Bauribandhu Misra Vs. IG of Police and others AIR 1970 Orissa 213; RJ Singh Vs. State of Delhi AIR 1971 (S......122 of 1987 in the Court of Assistant Judge, Fourth Court, Dhaka for a declaration that the order dismissing him from the post of Headmaster of the Post Office High School, Motijheel, Dhaka‑2 was illegal and not binding upon him. His case, in brief, is that in 1986 defendant No. 2, Mr. GM Delwar H..Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
.... 11 of MLR No. 1 of 1982 and sentenced each of them to suffer Rigorous Imprisonment for 14 years and to pay a fine of Tk. 10,00,000.00 to be realised by confiscation of their movable and immovable properties, in default, to suffer Rigorous Imprisonment for a further period of 3(three) years each......] Kazi Shaziruddin Ahmed ................Petitioner (In Custody) [Civil Petition No. 119 of 1991] Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and others ..................Respondents Judgment August 6th, 1992 Cases Refe......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ..Category: Constitutional Law | Date: | Hits: 174
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....in the provisions of section 18 of the Ordinance has been set up as ground for eviction. Hence, the argument of the learned Advocate for the respondents cannot be accepted. 13. Lease of immoveable property is created under section 105 of the Transfer of Property Act and as such statutory notice m...... The provisions of the Rent Control Ordinance are in addition to this section of notice under Section 106 of the Transfer of Property Act. There is nothing in the Ordinance which also absolves the landlord to serve a notice under section 106 of the Transfer of Property Act. Unless the tenancy isâ€......ct address of the appellant in that notice, but failed to give a decision as to whether the service of the notice was a valid service or not. However, on 18.10.84 the landlord-respondent sent another legal notice in the same terms for service through his Manager, PW 2 Mohammad, who served the same b..Category: Tenancy Law | Date: | Hits: 87
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....mitation; then an anomaly will be created. President gives relief in a time‑barred review petition and the same is rejected by the Tribunal. So I refrain from giving my opinion in this regard. In a proper case the matter can be considered. I may quote the observation of the Administrative Appellat......€¦â€¦â€¦â€¦..Appellant Vs. Bangladesh ………….Respondent (In Civil Appeal No. 24 of 1992) Mohammad Jahangir Kabir.......................Appellant Vs. Government of Bangladesh and Others …………..Respondents (In Civil Appeal No. 82 of 1992) Upendra Nath Talukder ..........on. 10. I would rather refer to FA Khan Vs. Government of Pakistan 16 DLR (SC) 405. The question arose whether the starting point for the limitation for a suit by a State servant to challenge the legality of his order of removal from service should be the date of the original order of dismissal ..Category: Administrative Law | Date: | Hits: 129
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....ns: (a) Pre‑reference period interest- In the absence of any law or agreement providing for payment of interest by an Arbitrator on an award made by him it will not be proper and safe to vest in him power to award interest for the pre-reference period; for this peri......afa Kamal J Latifur Rahman J. Bangladesh Agricultural Development Corporation (BADC), represented by its Secretary ....... Appellant (In both the appeals) Vs. Kibria and Associates Ltd. represented by its Managing Director Syed Golam Kibria ............... Responde......eference period, the period during which the reference was pending and the period from the date of the award till realisation of the money. In the other appeal CA No. 44 of 1993 they questioned the legality and propriety of the award in respect of the respondents' claim for compensation for thei..Category: Business or Commercial Law | Date: | Hits: 98
Syed A Jalil Vs. Mahbub Alam (Babul) and others, 1994, 23 CLC (AD)
....on in all centres was held peacefully a matter over which there was hardly any dispute. But the Tribunal found that the main ground taken in the Election petition is that counting of votes was not properly made and that a verbal prayer for recounting of the ballot papers was made before the Pres...... ATM Afzal J Mustafa. Kamal J Latifur Rahman J. Syed A Jalil .........................Petitioner Vs. Mahbub Alam (Babul) and others ........................Respondents Judgment July, 4th 1993. ...... of competent witnesses including the Presiding Officers concerned should be recorded. With these observations this petition is dismissed. This case is also reported in: 46 DLR (AD) (1994) 96 ..Category: Election Law | Date: | Hits: 119
Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)
....bazar and 2) the petitioner, Managing Director, The Clevedon Tea Co. Ltd. 67, Motijheel Commercial Area, Dhaka-1000. 3. Petitioner in his petition for returning the plaint for presentation to the proper Court, inter alia, alleged that the Court at Moulvibazar has no jurisdiction to entertain the......Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Khondaker Mahtabuddin Ahmed, Managing DireÂctor....... Petitioner-Defendant Vs. Matin Tea and Trading Company .................. .....Respondent-Plaintiff Judgment January 18, 1994. ......vibazar. In view of this explanation 11 of section 20 of the Code of Civil Procedure and in view of the averments made in the plaint we hold that the learned Subordinate Judge has not committed any illegality or wrong in refusing to return the plant as prayed for by the present petitioner." 5. M..Category: Procedural Law | Date: | Hits: 91
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....f the Act of 1948 it was held in Abdul Mannan Vs. Ministry of Land Administration and Land Reforms, Govt. of Bangladesh 27 DLR 597: "The words limiting the power of the Government to withdraw any property from acquisition are contained. in the words "at any time before the payment of compensatio...... Supreme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms and others .................Appellant Vs. Commercial Tru...... Tarini Kanta Das, the Ministry Without giving any opportunity to the respondent, by impugned order dated June 4, 1985 upheld the order of derequisition of die acquired land on the ground of avoiding legal complications. 4. The Government's case is that from April 2, 1963 to October 18, 1983 th..Category: Property Law | Date: | Hits: 69
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....l from service when the authority had decided not to keep him in service apparently because he had lost their confidence which is so essential in a financial institution. Compulsory retirement is the proper penalty …………..(16) Lawyers Involved: Asrarul Hossain, Senior Advocate, instruct...... Asrarul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Appellant (In Civil Appeal No. 50 of 1992). Dr. Kamal Hossain, Senior Advocate (Mainul Hosein and Md. Joynal Abedin, Advocates with him) instructed by Md. Aftab Hossain, AdvocateÂ-on-Record- Fo......f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ..Category: Administrative Law | Date: | Hits: 143
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....onferred by sub‑section 2 of section 439A has been negatived by sub-section (4) of section 439. The conflict arising out of the amendments seems to be the result of confusion and absence of proper application of the legislative mind which, in our opinion, can be removed by further amen...... accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......ion, under section 561A of the Code can be invoked to adjudicate upon an order passed by the Sessions Judge under section 439A. 26. Before we decide this question, it is necessary to see the legal position of a superior authority or Court in relation to an order passed by a concurrent, inf..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....ave; the appeal was allowed and the High Court Division's order was set aside on the ground that it exceeded its inherent jurisdiction as the Magistrate's final order as to possession was based on proper consideration of evidence and that there was no scope for the High Court Division to exercis...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Sher Ali (Md) and other............Appellants Vs. State, represented by the Deputy Commissioner, M......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ..Category: Criminal Law | Date: | Hits: 98
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