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Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....ate documents and these require strict proof for being admitted in evidence. In view of the discussion above, we are of the view that the courts below committed error of law occasioning failure of justice in decreeing the plaintiffs suit and this requires interference by this court. The ap......ve, we are of the view that the courts below committed error of law occasioning failure of justice in decreeing the plaintiffs suit and this requires interference by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (......nt of Bangladesh, represented by the Deputy Commissioner, Gazipur & others.......Appellants Vs. Abdur Rahman and others.....Respondents Judgment March 8, 2005. Cases Referred to- Md. Nurul Islam and others Vs. People's Republic of Bangladesh, represented by the Secretary,......e simply unauthorized for want of approval by the Chief Manager of the Bhawal Court of Wards Estate and those are fictitious and therefore the plaintiffs possession in part of the suit plots is not lawful and the plaintiffs being trespassers cannot get a decree for permanent injunction and the f..Category: Property Law | Date: | Hits: 42
Mohsen Jute Mills Ltd. Vs. Chairman, Labour Court, Khulna and another, 1998, 27 CLC (AD)
.....89. Respondent No. 2 did not dispute the correctness of such statement of the mill authority. It can safely be said that the mill authority had sufficiently complied with the rule of natural justice before the impugned order of discharge was passed. It is also evident from the report of th......nt No. 2 had been suffering from vertigo and headache with general weakness for a prolonged period and due to such decease he was unable to maintain posture and continue with his duty. He was accordingly advised for taking rest for a long period. It was, however, the case of respondent No. ......y a Division Bench of the High Court Division in Writ Petition No. 3684 of 1992 discharging the Rule. 2. Respondent No. 2 was a permanent senior clerk of the appellant's mill. Due to his physical incapacity the mill authority on 27.12.89 discharged him from service under Sectio...... and 211 days respectively. By an office memo dated 28.1.89 the concerned authority issued a notice of caution against him for warning that action will be taken against him in accordance with law for any future absence from duty giving a statement of his above mentioned absence from d..Category: Employment/Service Law | Date: | Hits: 100
Md. Abdul Jabbar Vs. Governor, Bangladesh Bank and ors., 1998, 27 CLC (AD)
....n produced at the hearing of the leave petition and had they been produced the impugned part of the order would not have been passed. This has, learned Counsel submits, resulted in a miscarriage of justice calling for a review of that part of the order in C.P.L.A. No. 425 of 1995 which relates to...... in the written statement to show that the plaintiff was profitably employed during the material period so that he could be excluded from the benefit of arrear salary. 8. The appeal is accordingly allowed and the order dated 27 November 1995 passed by this Court in C.P.L.A. No. 425 o......5 of 1995 whereby the leave petition was dismissed on 27 November 1995. 2. The plaintiff-appellant, an employee of the Bangladesh Bank, was dismissed from service by an order dated 5 October 1976. He brought Title Suit No. 487 of 1977 in the first court of Assistant Judge, Khulna cha......rt Division, by judgment and decree dated 5 June 1995, reversed the decisions of the courts below and decreed the suit declaring that the order of dismissal dated 5th October, 1976 was without any lawful authority and void, and that the plaintiff was still in service. The Single Bench further di..Category: Employment/Service Law | Date: | Hits: 83
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......ugh the Mutwalli Nawab Khawja Abdul Gani took permission from the Admisntrator of Waqf to grant long term lease of the suit land and lease out the same to the plaintiff for a period of 45 years and accordingly a deed of lease was registered on 4.3.1982 and by a letter of the same date requested de...... M/s. Shahjhan Enterprise Ltd................................Appellant Vs. Meghna Petroleum Ltd. and others.......... .............Respondents Judgment April 22, 2001. Case Referred to: A.F.M. Kutubudowala Vs. Hafez Muhammad Sadeq, 11 DLR (SC) 401. Lawyers Involved: Khandk......n the suit premises and they regularly paid rent. When lease of Nawab Ayesha Begum expired defendant No. 2 became a direct tenant under the Waqf Estate who accepted rent from them and by operation of law they became a tenant under defendant No. 3 Dhaka Nawab Waqf Estate. Their further case is that t..Category: Tenancy Law | Date: | Hits: 149
Janata Bank Vs. Md. Mofazzal Hossain and others, 1997, 26 CLC (AD)
.... He alleged that the proceeding and the order of his dismissal were violative of regulation 28 of the Service Regulations. The Tribunal found no illegality or violation of the principle of natural justice in the departmental proceeding and accordingly dismissed the case. On appeal, being No. 52 ......show cause notices and the order of dismissal were issued under the signature of the Assistant General Manager (Administration), Janata Bank, Head Office, Dhaka who was not the competent authority according to the above regulation, Respondent No.1 unsuccessfully preferred a departmental appeal. ......s held legally and the order of his dismissal was made by the competent authority as contemplated in regulation 28 of the Janata Bank Employees Service Regulations, 1981, hereinafter referred to as the Service Regulations. 2. The question arises in this way Respondent No. 1 who was p......' but by the Assistant General Manager (Administration), the same was illegal and void. 3. Learned Counsel for the appellant submits that the Administrative Appellate Tribunal erred in law in not noticing that the proceeding in question was held and the order of dismissal was passed ..Category: Employment/Service Law | Date: | Hits: 70
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
....gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ......gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ...... for specific performance of contract and the deed of transfer obtained on the basis of the said decree are illegal null and void on the averments, inter alia , that the suit property belonged to one Lala Ram Sankar who died unmarried and sarna Kumari was a maid servant of Lala Ram. After th......property left by Lala Ram Sankar Roy escheated to the Government and the Government not being a party to O.C. Suit No. 35 of 1969 the learned Judges of the High Court Division fell into an error of law in not holding that the property in suit belonged to Sarna Kumari who executed the agreement f..Category: Property Law | Date: | Hits: 23
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
....ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ...... possession of the building. In view of these factual positions the Government had no authority to publish the Gazette Notification enlisting the property in question in "ka" schedule and accordingly the learned Judges of the High Court Division rightly declared that the property in que...... 3. Md. Shajahan in his writ petition started that one Hasib Khan was a lessee in perpetuity under the Government on the basis of a lease deed dated 18.11.1968 and Hasib Khan sold the property to him on 9.1.1983 pursuant to an agreement for sale dated 22.3.1970 but the Government by a Gazett......n this case is leased on the finding of the other case filed by the writ petitioner of writ petition No. 648 of 1987 and that the Court of Settlement passed the impugned Judgment and order without lawful authority. 6. Mr. B. Hossain, the learned Advocate-on-Record for the appellant submit..Category: Property Law | Date: | Hits: 23
Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)
....mpugned judgment and order of the High Court Division is set aside and the suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408.......t the defendant did not pay any rent from 1388 B.S. and before that also rent was not paid regularly and this evidence could not be dislodged or disproved by the defendant. It is clear that even if according to the deed of agreement creating tenancy Tk. 25/- only would be adjusted towards the mont......d JR Modassir Husain J Abu Sayeed Ahammed J Most. Hamida………………..Appellant Vs. Md. Majibur Rahman ..................Respondent Judgment: July 15, 2002. Cases Referred to: 42 DLR(AD) 119; 35 DLR (AD) (388); Mst. Rahman Khatum Vs. Abdur Rashid Bhuiyan and another,......l defaulter and inasmuch as the claim of the plaintiff with regard to bonafide requirement could be established by the plaintiff appellant, whether the Higher Court Division misconceived both the law and the fact in making the Rule absolute and dismissed the case of the plaintiff for ejectment a..Category: Tenancy Law | Date: | Hits: 175
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ......hat the allegations made in the Writ Petition having been denied by the Writ-respondents the same become the disputed questions of fact which could not be decided in the writ jurisdiction and accordingly the High Court Division had fallen into an error of law in not holding that the writ pe......am Bhuiyan, Advocate-on-Record- For the Appellants. K.S. Nabi, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Fida M. Kamal, Additional Attorney General, instructed by A. K. M. Shahidul Huq, Advocate-on-Record - Respondent Nos. 2 and 3....... by the Writ-respondents the same become the disputed questions of fact which could not be decided in the writ jurisdiction and accordingly the High Court Division had fallen into an error of law in not holding that the writ petition is not maintainable and that the writ petitioner having n..Category: Employment/Service Law | Date: | Hits: 105
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. ......a circular dated 14.5.92 offered its officers/employees/workers voluntary retirement from service on payment of all dues and entitlements. The writ petitioners conveyed their willingness to retire from service if all their benefits/entitlements and arrear dues are paid in advance as of...... respectively making Rules Nisi absolute. The main judgment was passed in Writ Petition No. 1587 of 1984 out of which arises Civil Appeal No. 67 of 1997. Since identical question of facts and law are involved all these appeals are being disposed of by this common judgment. 2. The cas..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. ......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. ......on & Land Records................Appellant Vs. Chowdhury Tanbir Ahmed Siddiky............................Respondent Judgment March 18, 1997. Cases Referred to: Chowdhury Tanbir Ahmed Siddiky Vs. The Province of East Pakistan (1968) 20 DLR (SC) 144;......) (Third) Order, 1972 briefly President's Order No. 90 of 1972 came into force. Article 2 of this Order provides as follows: "Notwithstanding anything contained in any other law for the time being in force, on the commencement of this Order, all suits, appeals, applicatio..Category: Property Law | Date: | Hits: 43
ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
.... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ......decree and it was registered as F.A.T. No. 177 of 1996. The Taxing Officer of the High Court Division detected that the plaintiff decree holder did not pay proper court fees in the trial court and accordingly by a report dated 8.5.96 the Stamp Reporter of the High Court Division reported that in......I ADC (2005) 380. ......151 of the Code of Civil Procedure prayed for registration of the appeal but the learned Judges of the High Court Division upon taking an erroneous view that the Artha Rin Adala Act being a special law Section 5 of the Limitation Act having not been made expressly applicable by the said Act reje..Category: Civil Law | Date: | Hits: 87
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....n as well on the ground of violation of Universal Declaration of Human Rights as recognized under Article 13 of the Universal Declaration of Human Rights and also on violation of principle of natural justice and on mala fide. The High Court Division by the impugned judgment and order summarily dismi......tment as guaranteed in Article 36 of the Constitution. Relying upon Article 104 of the Constitution he asked us to give a direction to the Government to allow the appellant to go abroad for treatment according to his own choice in order to do complete justice as guaranteed under Article 36 of the Co......Chowdhury J Kazi Ebadul Hoque J Hussain Muhammad Ershad...........Appellant. Vs. Bangladesh and others. ...................Respondents. Judgment August 16, 2000. Cases Referred to- Government of Bangladesh Vs. Zeenat Hossain 1 BLC (AD) 89; State Vs. M. M. Rahmatullah; Satwa......ersal Human Rights norms, whether given in the Universal Declaration or in the Covenants, are not directly enforceable in national courts. But if their provisions are incorporated into the domestic law, they are enforceable in national courts. The local laws, both constitutional and statutory, are..Category: Constitutional Law | Date: | Hits: 208
Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)
....s is a fit case for review not for upsetting the law laid down by this Court but for taking a differential view in the particular facts and circumstances of the present case to meet the ends of justice." 4. It is clear from the above and has been made further clear by Dr. Kama......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. ...... Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mohammed Abdul Naim........Appellants Vs. The Chairman, Board of Directors, Sonali Bank, Head Office, Dhaka and others...........Respondents Judgment Novem......s specifically aggrieved were made parties and therefore the error apparent on the face of the record is the failure to see that there has been a substantial compliance of the requirement of law. More so, because the respondents contested the case and did not object to the non-join..Category: Administrative Law | Date: | Hits: 124
Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)
....ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ......ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ...... the Rule absolute. 3. Being aggrieved by the aforesaid judgment and order dated 29.7.93 the present appellant as petitioner filed Civil Petition No. 517 of 1993 and obtained leave to consider whether the alleged Heba deed in favour of plaintiff respondent No. 1 was acted upon an......ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ..Category: Property Law | Date: | Hits: 33
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
....xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ......xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ......in was the owner of the suit property. He died leaving behind his wife, five sons and three daughters who possessed the same in ejmali as co-sharer tenants. The wife and sons executed a power of attorney in favour of Syed Amzad Hossain who is also a son of Syed Siddique Hossain. The pre-emptor r......r specific performance of contract and the decree passed against them have been rejected by both the trial court as well as the appellate court below and the learned Single Judge is in an error of law in not taking into consideration this material point decided by the courts below while reversin..Category: Property Law | Date: | Hits: 35
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. ......p;……………..Appellant Vs. Amin Hossin Mondal and others.....................Respondents Judgment January 17, 2005. Case Referred to: Safaruddin Vs. Fazlul Huq 49 DLR (AD) 151. Lawyers Involved: Md. Nawab Al......d non consideration of the evidence of (sic) record" and thus the appellate court has "arrived at an erroneous decision and this calls for interference by this court". 7. The law is now settled as to the extent of jurisdiction of the High Court Division under Section 115(1..Category: Property Law | Date: | Hits: 37
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....e the lower Court passes a juridical order in exercise of its discretion, the High Court Division should be reluctant to interfere with such order unless there has been an absolute failure of justice in the case" and upon such observation the rule was discharged. 5. Leave was g......ansaction was made and as such it does not come with the purview of Section 6 of the Act. The learned Advocate lastly submits that the plaint also does not disclose any cause of action and as such according to the learned Advocate the plaint ought to have been rejected and that having been not d...... of the Court of Senior Assistant Judge, Rajbari, rejecting the application filed under Order 7 Rule 11 of the Code of Civil Procedure. 2. The facts, in brief, are that the respondent Nos. 1 to 3 sold 1.15 acres of land by registered deed of sale dated April 27, 1983 for consideration......enue) the appellants moved the High Court Division in Writ Petition No. 1465 of 1991 and the rule was made absolute declaring the order of the Additional Deputy Commissioner (Revenue) to be without lawful authority and of no legal effect. After the judgment and order in the aforesaid writ petiti..Category: Procedural Law | Date: | Hits: 75
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ......ugned Judgment of the High Court Division taking resort to a novel argument. It is that in every suit it is for the plaintiff to decide whom he will implead and against whom he will sect relief and according to the plaintiff of the Partition suit these appellants were not his co-sharers in the s......ahman & ors.........................Respondents Judgment November 4, 1985. Partition suit All co-sharers must be impleded as parties in a suit for partition. Failure to implead any co-sharer shall render the suit liable for dismissal on the ground of maintainabili......ned by, them in their suit for setting .aside the decree of a previous partition suit, namely, T.S. No.21 of 1965, has been reversed on correct appreciation of facts and proper application of law. The plaintiffs' suit, namely T.S.No.93 of 1966, was decided by the trial Court namely, the Sec..Category: Property Law | Date: | Hits: 40
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....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. ......………………(5) Since the learned Courts below did not determine this mixed question on the basis of the evidence, the Appellate Court sent back the cases to the trial court for disposal on taking evidence on this point only………&helli......n these appeals is whether the pre-emption has been allowed under section 24 of the Non-Agricultural Tenancy Act, 1949, to the respondents on correct appreciation of fact and proper application of law. 2. Respondents, Pre-emptors filed two proceedings, Miscellaneous Cases Nos. 250 of 1974..Category: Property Law | Date: | Hits: 35
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