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Narayan Chandra Sarker Vs. Abdur Rahman, 2001, 30 CLC (AD)
....estion of title and for that matter the plaint of the aforesaid S.C.C. Court may be returned. 2. In view of the submission made by the learned Advocate for the Respondent and in view of the provision of section 23 of the Small Causes Act, let the plaintiff returned as prayed for. I...... prayed for. In view of the aforesaid submission the appeal is, accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 197. ..Category: Procedural Law | Date: | Hits: 95
Sultan Ahmed Talukder and anr Vs. Registrar of Trade Union, Dhaka Division & ors, 2004, 33 CLC (AD)
....executive Committee of Dhaka Water and Sewerage Authority (WASA) Sramik Karmachari Union and certification of the said committee by respondent No.1 were challenged. The further case is that as per provision of the said Sramik Karmachari Union's Constitution the election of the Central Executive ......the Suit as not being pressed. On 11.05.2000 the Deputy Managing Director, Finance and Administration of WASA wrote a letter to the registrar of Trade Union to know which was one of the Unions the lawful executive committee of Dhaka WASA Sramik Karmachari Union. The respondent No.1 by impug..Category: Labour and Industrial Law | Date: | Hits: 100
Chairman and another Vs. Md. Sakhawat Hossain and others, 2004, 33 CLC (AD)
....ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ......nce that such approval was obtained from Thakurgaon Palli Bidyut Samity and the Rural Electrification Board. In that view of the matter we hold that the impugned dismissal order was passed without lawful authority. There is no record before us nor it is the case of the respondents that any ..Category: Employment/Service Law | Date: | Hits: 83
Md. Saiful Islam Vs. Md. Abdur Rahim and other, 2004, 33 CLC (AD)
....made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 190. ......said Memo. No area of the Respondent No.1 where in he is acting as Nikah Registrar after the formation of the Gafargaon Municipality has been curtailed and consequently there was no requirement of law for serving notice to Respondent No. 1 prior to issuing the Memo, dated March, 2, 2000 accordin..Category: Civil Law | Date: | Hits: 95
State Vs. Md.Tuku Biswas, 2002, 31 CLC (AD)
....azzaque Khan, the learned Additional Attorney General appearing for the State, submitted that the trial of the accused respondent having been held in absentia after observing all formalities as per provision of section 339B of the code, the absconding accused could not be given any opportunity fo......s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ..Category: Criminal Law | Date: | Hits: 49
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ......der the following:- "...........the learned Counsel for the petitioner contends that the learned Arbitrator having conducted the arbitration proceeding only for three months had no lawful authority to award the interest on the unpaid amount of Tk. 6,82,40,216,. 13 Paisa for a pe..Category: Civil Law | Date: | Hits: 89
Bangladesh Vs. Abdul Wahab Mia and others, 1998, 27 CLC (AD)
....the appeal is allowed without any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ......g for such a long time when it involves a right to property of a person as contemplated under Article 42 of the Constitution. He does not, of course, challenge that requisition can be made by law of a citizen's property for public purpose but keeping that without acquiring for such a l..Category: Property Law | Date: | Hits: 29
Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)
....ide. In the result both the appeals are allowed without any order as to cost and impugned judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149....... writ petition on 23.6.1981 calling upon the appellants of the two appeals to show cause as to why the said notice for sale of the said property should not be declared to have been made without any lawful authority and of no legal effect. That rule was ultimately disposed of as anfractuous by judg..Category: Tenancy Law | Date: | Hits: 148
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
.... 1935 had been complied with and for determining the plaintiff's claim for arrears of salary from August, 1948 to 15 November, 1949. On remand the trial court framed several issues and found that the provisions of section 240 of the Government of India Act, 1935 had not been complied with, that the ......alary or promotion to the respondent, the relevant Government Rules, namely, Rules 72 (b), 34 and 195 of the B. S. R. Part-I are fully applicable to the respondent and the Appellate Tribunal erred in law in giving a wrong interpretation to the said Rules. Mr. B. Hossain next submits that the resp..Category: Administrative Law | Date: | Hits: 138
Mostafizur Rahman & 5 others Vs. Government of Bangladesh and 5 others, 1997, 26 CLC (AD)
....t could be decided in a proper case. For the above reasons all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 141. ...... disposed of by a common judgment by a Division Bench of the High Court Division, discharging the Rules Nisi. 2. Although different articles were importer appellants yet the question of law involved in all these appeals being common they are being disposed of together in one judgment...Category: Fiscal/Taxation Law | Date: | Hits: 199
Secretary, Ministry of Environment & Forest, Bangladesh Vs. Shaha Md. Nurul Islam, 2002, 31 CLC (AD)
....ission the Writ petitioner was absorbed in the Ministry of Establishment and as such his case should not be considered. It has also been alleged that the writ petitioner was absorbed violating the provision of Surplus Public Servant Absorption Ordinance, 1985. Their objection is that as the writ...... should have filed the case before the Administrative Tribunal which was the appropriate forum the writ petition filed by him not being maintainable the judges of the High Court Division erred in law in making the rule absolute when the Administrative Tribunal has the jurisdiction to ex..Category: Administrative Law | Date: | Hits: 95
Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)
....he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ......e High Court Division in our view misdirected himself in not applying his judicial mind to the established principle of granting and refusing the amendment. 8. We have hear the learned lawyers of both sides and considered the above submissions that on perusal of the records and ..Category: Property Law | Date: | Hits: 23
Abdul Hai and others Vs. Atar Islam and others, 2004, 33 CLC (AD)
....egal infirmity in the judgment of the High Court Division. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 107. ......udgment and order of the appellate court on the findings that the appellate court did not controvert the findings of facts arrived at by the trial court and there by committed serious error in law which prejudiced the plaintiff. Leave was granted to consider the submissions that..Category: Procedural Law | Date: | Hits: 84
Gazi Gaiasuddin Vs. Bangladesh Power Development Board and other, 2002, 31 CLC (AD)
....re of the Deputy Director (1) Enquiry and discipline Directorate, Respondent No.2 asking the appellant to show cause why he shall not be dismissed from service for the negligence of duty under the provision of Rule 138 (a) and (c) of the Rules. The appellant replied on 21 August, 1994 denying the......ficer in pursuing the policy of the authority as regard minimizing the system loss and that gearing up the recovery of revenue and as such the order of compulsory retirement was not sustainable in law. It was also contended that non-attaining of the target fixed by the authority as to reduction ..Category: Employment/Service Law | Date: | Hits: 69
Raushan Akhter @ Moharaji Bibi and others Vs. Khandakar Mosharraf Hossian & Ors, 2004, 33 CLC (AD)
....f the State Acquisition and Tenancy Act. Section 89 (4) of the Act reads as under: 89(4). If the transfer of a portion or share of such a holding be one to which the provisions of section 96 apply, there shall be filed notices giving particulars of the transfer ......urts below held the same as fraudulent document but the said finding of facts have been interfered with by the High Court Division in revisional Jurisdiction which is not sustainable in law." Mr. Mahbubey Alam, the learned counsel appearing for appellants submitted that..Category: Property Law | Date: | Hits: 30
Md. Shamir @ Shamir Khan and others Vs. State, 2002, 31 CLC (AD)
.... to prove that the injured persons were in the hospital for twenty days or that they failed to pursue their normal avocations for twenty days after sustaining injury the allegation comes within the provision of section 324 of the Penal Code and not section 326 of the Code. The learned Advocate c......fact leading to this petition is that on 6.5.1992 at about 12.00 mid night the informant P.W. 1 woke up from sleep on hearing hue and cry and moved toward the railway line where he found his son in law in injured and unconscious condition. It is the further case of the prosecution that the F.I.R...Category: Criminal Law | Date: | Hits: 78
Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)
....bsp; Mahmudul Amin Choudhury CJ. - In this appeal leave was granted to consider the following:- "That in view of the existence of the statutory provisions of filing election petition as provided in Article 46(17)(ii) of the first statute......tory provisions of filing election petition as provided in Article 46(17)(ii) of the first statute, the Dhaka University the learned Judges of the High Court Division committed an error of law in passing the impugned judgment and order dated 12.7.2000. He next contends that Article 52 o..Category: Civil Law | Date: | Hits: 98
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....he should be put to the custody of father who is her legal and natural guardian. 12. As to the second point regarding maintainability under section 491 of the Code of Criminal Procedure the said provision is quoted as under: (a) that a person within the limits of its (appellate criminal juri......ether a detune who is a minor can be kept in confinement for an indefinite period by a court for the purpose of determination of majority or minority on conclusion of trial, which is not warranted by law and is illegal or improper, (iii) whether the High Court Division could act under section 491 of..Category: Criminal Law | Date: | Hits: 34
Md. Khoka Mollah Vs. State, 2002, 31 CLC (AD)
....asons and discussions made above, we find no merits in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ......ving been enlarged on bail he again absconded and later on he was arrested on 08.06.98 after passing of the judgment and there was a delay of 805 days from the date of the judgment and according to law the connected appeal itself was to be filed within 30 days. 4. According to the appellant, ..Category: Criminal Law | Date: | Hits: 47
Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)
....and the High Court Division was not right in passing the impugned judgment relying on the said decisions." 4. A. J. Mohammad Ali, learned Additional Attorney General placing the provision of section 144 of the Code of Civil Procedure, henceforth the Code, submits that the prov......ring No. ALC/681/76 dated 29.12.1976 is illegal and of no legal effect. It was also declared that possession of the suit land from the plaintiffs cannot be recovered except in due process of law. But in the meantime though the original suit was dismissed on 22.8.1989 the contesting de..Category: Property Law | Date: | Hits: 31
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