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Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
....ate-on- Record—For the Appellants. Ex Parte—The Respondents. Civil Appeal No. 78 of 1994 (From the judgment and order dated 30th June 1993 passed by the High Court Division in Civil Order No. 1992 of 1993). ......consider the submission that the High Court Division misdirected itself in holding that both the Courts below found that the plaintiff did not acquire title by adverse possession in that it was not noticed that the material evidence in that behalf was overlooked by both the Courts inasmuch as th......e himself and it was wrongly held that the elements constituting adverse possession are lacking in the case. The evidence of defendant No.1 DW 1 who was examined on commission and the only witness for the defendants if considered along with other evidence and circumstances unmistakably prove the..Category: Property Law | Date: | Hits: 53
Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)
....pondent No. 4. Ex parte — Respondent Nos. 2, 3 and 5. Civil Appeal No. 122 of 1997 (From the judgment and order dated 25th August 1996 passed by the High Court Division in Civil Revision No. 318 of 1992). ...... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ...... In order to decide material issue concerned in the suit that the order of remand was warranted in the facts and circumstances of the case as the subsequent document produced before the High Court Division has to be admitted on record by the court of appeal below on considera..Category: Fiscal/Taxation Law | Date: | Hits: 122
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
.... Biman Corporation from their services on completion of 25 years of service under Regulation 11A(2) of the Bangladesh Biman Corporation Employees (Service) Regulations, 1979 as amended by SRO 56-L/84 dated 5 February 1984 without assigning any reason. Regulation 11A (2) is as follows: “The C......ce) Regulations, 1979, Regulation 11A(2) (i) From the above regulation it appears that an employee may opt to retire from service after completion of 25 years of service by giving 30 day’s prior notice. Similarly, Corporation may if it considers expedient so to do retire from service an employe......me after he has completed twenty-five years of service without assigning any reason.” There is a clear conflict between these two provisions so far as the retiring authority is concerned. In the former it is the Corporation and in the latter the Government. The Regulations is not only later but..Category: Employment/Service Law | Date: | Hits: 186
Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)
....d…….(7) (ii) The court is obviously to look in to the attending circumstances of each case and act to its own criteria as to the eligibility of a candidate for the Mutwalliship…..(8) Case Referred to- Altaf Miah vs Md A...... The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 158. ......lip;….(7) (ii) The court is obviously to look in to the attending circumstances of each case and act to its own criteria as to the eligibility of a candidate for the Mutwalliship…..(8) Case Referred to- Altaf Miah vs Md Anwar ..Category: Trust/Waqf Law | Date: | Hits: 209
Bangladesh Vs. Md. Naziur Rahman and others, 2002, 31 CLC (AD)
....nt Mahmudul Amin Choudhury CJ.- This petition for to appeal is against order dated 4-3-2001 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case......, and the same is accordingly dismissed. Stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157. ...... March 18, 2001. The Code of Criminal Procedure, 1898 (V of 1898), Section 491 When an accused is on ad-interim bail for a limited period by the High Court Division, this Court has nothing to interfere…&hellip..Category: Criminal Law | Date: | Hits: 66
Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)
....ondents (In both the cases). Civil Petition for Leave to Appeal Nos. 90 and 94 of 2000. (From the common Judgment and Order dated 22-3- 1999 passed by the High Court Division in Writ Petition Nos. 4864 and 4863 of 1996). ...... The Code of Criminal Procedure, 1898 (V of 1898), Sections 94 and 160 Under section 3 of the Anti-corruption Act and also section 94 and 160 Cr. P. C. issuing notice by the bureau of Anti-Corruption asking the delinquent to appear before the specified office......and 160 Under section 3 of the Anti-corruption Act and also section 94 and 160 Cr. P. C. issuing notice by the bureau of Anti-Corruption asking the delinquent to appear before the specified officer of the bureau in connection with an enquiry is not illegal…&helli..Category: Criminal Law | Date: | Hits: 58
Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)
....nbsp; Mahmudul Amin Choudhury, CJ.- This petition for leave to appeal is against order dated 3-4-2002 passed by a Division Bench of the High Court Division in Writ Petition No. 1268 of 2...... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ...... The case diary is being maintained by the Investigating Officer and legally this cannot be looked into by any one except of course, by the Public Prosecutor. In a proper case for its satisfaction a Court may themselves peruse the dairy but it cannot be made a public documen..Category: Criminal Law | Date: | Hits: 65
Giasuddin and another Vs. State, 2002, 31 CLC (AD)
....p; M Amin Chowdhury CJ.- This petition for leave to appeal is against judgment and order dated 30th January, 1997 passed by the High Court Division accepting Death Reference No. 6 of 1994 ......on. There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ......or Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners. Not Represented—The Respondent. Criminal Petition for Leave to Appeal No. 71 of 1998. Judgment &nb..Category: Criminal Law | Date: | Hits: 47
Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
....For the Respondent No. 1. Not represented—Respondent Nos. 2-4. Civil Appeal Nos. 56 and 57 of 1997. (From the Judgment and order dated 2nd July, 1996 passed by the High Court Division in Civil Revision Nos. 10141 and 10189 of 1......to the pre-emptee in the respective miscellaneous case, that the pre-emptee of the respective Miscellaneous cases are stranger purchasers and that the transfers under pre-emption were made without notice to the pre-emptors. 3. Pre-emptee-appellant in the respective appeals o......49) Section 24 Establishing or making out of a prima facie case in law cannot be considered to have established the case finally or conclusively or said to have proved the case for having the relief sought by the first party in the proceeding conclusively or in other words fr..Category: Property Law | Date: | Hits: 55
Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)
.... the Respondent No.1. Not Represented—Nos. 2-64. Civil Petition for Leave to Appeal No. 56 of 2000. (From the judgment and order dated 11-8-1999 passed by the High Court Division In Civil Revision No. 3940 of 1998). Judgme...... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ......sp; A plaint may be rejected under Order 7 Rule 11 of the Code of Civil Procedure merely on a plain reading of the plaint and nothing else. There is no hard and fast rule when an application for rejection of plaint is to be filed but ends of justice demands that it must be filed at the ea..Category: Property Law | Date: | Hits: 49
Bangladesh Road Transport Corporation and another Vs. Md. Shahidullah, 2002, 31 CLC (AD)
....cted by Sharifuddin Chaklader Advocate-on-Record—For the Respondent Civil Petition for Leave to Appeal No. 1045 of 1999. (From the Judgment and order dated 13-5-1999 passed by the High Court Division, Dhaka in Writ Petition No. 3485 of 1996). ...... reported decision. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 124. ......rd—For the Petitioners. Ozair Farooq, Senior Advocate, instructed by Sharifuddin Chaklader Advocate-on-Record—For the Respondent Civil Petition for Leave to Appeal No. 1045 of 1999. (From the Judgment and order dated 13-5-..Category: Employment/Service Law | Date: | Hits: 75
Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)
.... Appellants Md. Aftab Hossain, Advocate-on-Record— For the Respondent. Civil Appeal No. 73 of 1999. (From the Judgment and Order dated 9th August 1998 passed by the Administrative Appellate Tribunal in Appeal No. 82 of 1997.) ......tions including the service conditions of the said police force.” Disciplinary proceeding against the respondent, a Sub-Inspector of Police, was initiated upon serving show cause notice under the signature of the Superintendent of Police. It is seen from the judgment of the AT ......p; Lawyers Involved: AJ Mohammad Ali, Additional Attorney-General (Feroz Shah, Assistant Attorney-General with him instructed by Mvi Md Wahidullah, Advocate-on-Record for the Appellants Md. Aftab Hossain, Advocate-on-Record— For the Respon..Category: Administrative Law | Date: | Hits: 116
....-on -Record — For Respondent Nos. 1-2 (In both the Appeals).
Not Represented — Respondent Nos. 3-6 (In both the Appeals).
Civil Appeal Nos. 39-40 of 1998.
(From the Judgment and Order dated 13th August, l997 by the High Court Division in Writ Petition No. 362 of 1997).
Judgment
......hat land which the Society will give to HBRI, will be acquired for the Society from the neighbouring land, that while negotiation to arrive at a compromise formula was going on then all on a sudden a notice was issued on 23rd November, 1996 by the Ministry of Housing and Public Works for the evictio...... judgment and order of the High Court Division dated 13th August, 1997 passed in Writ Petition No. 362 of 1997 making the Rule absolute.
2. Respondent Nos. 1 and 2 in both the appeals, filed the aforementioned writ petition seeking for Rule Nisi upon the respondents in the following term:
..
Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....Record—For the Appellant. Ex parte—The Respondents. Civil Appeal No. 84 of 1998. (From the Judgment and Order dated 9th December,1992 passed by the High Court Division in Civil RevisionNo. 2783 of 1991 (Dhaka)......smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ...... The Evidence Act, 1872 (I of 1872), Section 115 Recital in the document of sufficiently older period can be considered as clear evidence of representation made therein as enquiry for establishing truth of the same is impossible………………&hel..Category: Property Law | Date: | Hits: 47
Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
....ttorney-General—For the Respondent (Special appointment). Criminal Petition for Leave to Appeal No. 191 of 2000. (From the Judgment and Order dated 14th June, 2000 passed by the High Court Division in Criminal Appeal No. 1253 of 1997 with D......tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ...... April 7, 2002. The Code of Criminal Procedure, 1898 (V of 1898), Sections 233 & 239 The real and substantial test for determining whether several offences are connected together so as to form one transaction depen..Category: Criminal Law | Date: | Hits: 76
Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)
....p; Md. Fazlul Karim J.- Petitioner Government of Bangladesh, has filed this petition for leave to appeal against judgment and order dated 7-7-1996 of the High Court Division in Writ Petition No.701 of 1987 declaring the impugned ju...... May 28, 2001. The Abandoned Buildings (Supplementary Provision) Ordinance, 1985 (LIV of 1985), Section 5(1) (b) Since no notice as contemplated under section 5(1)(b) of the Ordinance was issued to the respondent or any ......y Mvi. Md Wahidullah, Advocate-on-Record — For the Petitioners. Kazi S Ahmed, Advocate-on-Record — For the Respondents. Civil Petition for leave of Appeal No. 621 of 1996. Judgment &nbs..Category: Property Law | Date: | Hits: 46
Mahbubur Rahman and others Vs. Taslimuddin Ahmad and others, 2002, 31 CLC (AD)
.... Latifur Rahman J.-This appeal by the appellants by leave is against the judgment and order dated 11-2-1996 of the Administrative Appellate Tribunal, Dhaka passed in Appeal No. 105 of 1993 d......accordance with law. The cause title of the application of respondent No. 1 clearly shows that 29 directly recruited Assistant Commissioners of Taxes were not at all made parties in the case and no notice was individually served on them. For the reasons stated above, both......; August 8, 1999. The Bangladesh Civil Service Seniority Rules, 1983, Rule 3 The case filed before the Administrative Tribunal was not maintainable in law as necessary parties who were adverse..Category: Administrative Law | Date: | Hits: 91
Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)
....nts raised are identical and leave was granted on the following terms: “Mr Mahmudul Islam, learned Attorney-General for the petitioners in both the petitions, submits that the order dated 30-7-2000 relates to the terms and, conditions of service and in view of the provision of ......Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ...... Judgment: M Amin Choudhury CJ.- These two appeals are taken up for disposal as common question of facts and law are involved. 2. Both the wri..Category: Employment/Service Law | Date: | Hits: 57
Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
....appellant who filed the suit for ejectment, arrear of rents and compensation stating, inter alia, that the defendant-respondent was a monthly tenant at a rental of Taka 300 per month as per agreement dated 15-8-1971. Although the tenancy commenced from 15th August 1971 by mutual agreement between th......iur Rahman......................Respondent Judgment October 31, 2001. The Transfer of Property Act, 1882 (IV of 1882), Section 106 Allowing more than one month’s notice to determine the tenancy has not contravened any of the provision of the Transfer of Property......Record — For the Respondent. Civil Appeal No. 98 of 1998. Judgment Md. Fazlul Karim J.- This appeal by leave is at the instance of plaintiff-appellant who filed the suit for ejectment, arrear of rents and compensation stating, inter alia, that the defendant-respondent w..Category: Tenancy Law | Date: | Hits: 76
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....t the judgment and order of 4th June, 2001 by a division Bench of the High Court Division in Writ Petition No. 7 of 2001 making the Rule absolute declaring Memo No. CPA/PMU (EQPT)/P-120 (part-1/372) dated 1-1-2001 (Annexure – D to the writ petition) to have been made without lawful authority an......ing of explanation by the bidder of his own volition for the purpose of clarification of the bid already dropped. Moreover, tender’s terms and conditions do not authorise the purchaser to take into notice any kind of communication made by the bidder of his volition for the purpose of clarification......of the State is seriously involved in the instant case, in our view the Chittagong Port Authority should place the papers relating to the bid of the petitioner along with other 3 responsive bidders before the decision making authority that would ultimately finalise the matter of procurement of the c..Category: Others | Date: | Hits: 130
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