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Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)
....ity in the decision of the High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ......Fatema Khatun herself filed the present suit and appeared in the court premises with her major son the appellant and signed the solenama, held that she cannot be presumed to be Pardanshin lady and accordingly the contents of the solenama was not required to be explained to her in terms of sectio...... not been affected in any way thereby, stating inter alia that respondent No.1 is her son by her first marriage with one Md. Ishaque; the properties described in the schedule of the plaint belonged to her father Abdul Gani Chowdhury who died leaving Amena Khatun (wife) and her (daughter) as his ....... Leave was granted in the following terms:- "Mr. A. F. Hasan Arif, learned Advocate for the plaintiff petitioner, submits that the High Court Division fell into an error of law in holding that the onus to prove lay upon the plaintiff inasmuch as the plaintiff being an ..Category: Procedural Law | Date: | Hits: 87
Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)
....ch the writ petitioner relies having been passed without giving opportunity to the employees whose seniority was going to be affected was itself violative of the principles of natural justice and was thus void and cannot be the basis for claiming a vested right and compliance ......B because of such control, was in a position to dismiss those 24 employees for unauthorized leave. However thereafter PDB reinstated those 24 employees treating their period of absence as leave and accordingly after reinstatement, the 24 employees of PDB were entitled to get all the benefits of ......petition impugning the Memo dated 24.11.92. where by his seniority was taken away, stating inter alia that on 9.12.1978 he joined Bangladesh Power Development Board as an Assistant Engineer; he had to tender resignation from service under BPDB with effect from 20.7.1979 for taking job abroad......ent No.1 as the other 24 person did not resign from their office. 4. The High Court Division made the Rule absolute declaring the impugned order dated 24.11.1993. Annexure-E void and without lawful authority because of violation of the principle of natural Justice as well as equa..Category: Employment/Service Law | Date: | Hits: 82
Khurshid Alam and other Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
....d. The judgment and order passed by the High Court Division in Criminal Revision Nos. 88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: 1 ADC (2004) 277. ......itted error of law in holding that the managing Director or an employee of a private company is a public servant with in the meaning of section 2(b) of the Criminal Law Amendment Act, 1958 and accordingly the same requires interference by this court. 13. It appears that in the procee......ion Nos. 88 and 89 of 1987 and 104 of 1992 discharging the Rules and against the judgment and order dated 12.02.1996 making the Rule absolute in Criminal Revision No.17 of 1987. Petition for leave to appeal No. 233 of 1995 against the judgment and order passed in Criminal Revision No.104 of 1992...... and the Accused petitioner is a Managing Director thereof and further that the High Court Division failed to appreciate that M/S Master Industries Ltd. was not constituted or established under any law but it had come into existence in accordance with the provisions of the Companies Act, 19..Category: Criminal Law | Date: | Hits: 40
Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)
....ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ......he ultimate order of the High Court Division in quashing the proceeding is found to be sustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ...... Nizam Uddin Mahmood............................Appellant Vs. Abdul Hamid Bhuiyan and another.... .............Respondent Judgment June 1, 2004. Cases Referred to- Habibur Rahman Hawlader vs. State 55 DLR (HCD) 199 in 53 DLR (AD) 111, SM Anwar Hossain ......then on 24.02.2001 but the same being dishonored the complainant served notice on 10.03.2001 with in 15 days from the return of the cheques i.e. on 26.02.2001 and thus fulfilled the requirement of law. 4. He further submits that a cheques can be presented on more than one occasions for en..Category: Business or Commercial Law | Date: | Hits: 138
Tafazzal Hossain Shajahan Vs. State, 2003, 32 CLC (AD)
....ppellant has already served out sentence for more then 10 and half years i.e. he has served out sentence more than the minimum period of sentence as provided in section 19A of the Arms Act, ends of justice would best be met if the sentence of the appellant is reduced to the period already undergo...... reducing the sentence to the period already under gone. The appellant be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ...... registered in connection with Mirpur P.S. Case No. 58(2)792) convicting the appellant and another under section 19 (a) and (f) of the Arms Act and sentencing them separately there under to suffer imprisonment for life. The Special Tribunal by the same order directed that the sentences...... reducing the sentence to the period already under gone. The appellant be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ..Category: Criminal Law | Date: | Hits: 41
Dr. M.A. Mazed and others Vs. Bangladesh, represented by the Solicitor, 2003, 32 CLC (AD)
....r.P.C. "left no scope for application of Section 5 of the Limitation Act inasmuch as there being no cogent reason explaining the delay, there is no scope in law to condone the delay to secure ends of justice. The further contention of the learned counsel for the appellants was that delay was not exp......al. In the background of the discussions made hereinbefore we find no merit in this appeal. Accordingly the appeal is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 261. ...... Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Dr. M.A. Mazed and others.....Appellants Vs. Government of the People's Republic of Bangladesh, represented by the Solicitor…… ..Respondent. Judgment December 10, 2003. Result: The appeal is dismissed. ......imitation' under Section 417 (3) of the Cr.P.C. "left no scope for application of Section 5 of the Limitation Act inasmuch as there being no cogent reason explaining the delay, there is no scope in law to condone the delay to secure ends of justice. The further contention of the learned counsel fo..Category: Criminal Law | Date: | Hits: 109
Additional Deputy Commissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
....ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ......12-3 situates at Mirpur Housing Estate which is a leasehold property of the Ministry of Works whereas the suit property situates at a portion of C.S/S.A Plot No.1497 which is a private holding and accordingly there is no nexus between the suit property and the aforesaid holding No. 10/C.L 12-3 M......p; others........Appellants Vs. Mst. Farhad Begum and others...........Respondents Judgment May 15, 2004. Lawyers Involved: Anwarul Azim Khair, Deputy Attorney General, instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Appellants. ......olding in the plaint and as such impugned judgment suffers from misreading of material evidence and also based on conjecture and surmise. He further submits that High Court Division erred in law in finding that Nasima Kahtun and Farhana Khatun were not non-locals." 6. The l..Category: Property Law | Date: | Hits: 29
Saleha Begum and others Vs. Nisar Uddin and others, 2007, 36 CLC (AD)
....o the order of the High Court Division in awarding cost of Tk. 10,000/- (ten thousand) upon the plaintiff-petitioners and we are of the view that in the facts and circumstances of the case ends of justice would be met if the plaintiff-petitioners are exempted from payment of the aforesaid cost o......neous Case the plaintiff filed a solenama purported to have been executed between the parties and prayed for dismissal of the Miscellaneous Case for non-prosecution and the learned Assistant Judge accordingly dismissed the Miscellaneous Case on 02.01.2002 for non-prosecution. 3. The respon......-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-4. Civil Petition for Leave to Appeal No.712 of 2005. (From the judgment and order dated 07.12.2004 passed by the High ......ring the parties discharged the rule and directed the learned Assistant Judge to refer the matter to the Court of the learned Magistrate for prosecuting the plaintiff petitioners in accordance with law for committing the offence of forgery in the solenama and also awarded cost as already mention..Category: Property Law | Date: | Hits: 25
Qamrul Islam Siddique Vs. Saber Ahmed and another, 2002, 31 CLC (AD)
....to costs. The judgment and order of the Administrative Appellate Tribunal, Dhaka in Appeal Case No. 20 of 1997 is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 224. ......to costs. The judgment and order of the Administrative Appellate Tribunal, Dhaka in Appeal Case No. 20 of 1997 is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 224. ......ry of LGRD and co-operatives on 22nd December, 1984 as Executive Engineer in the Local Government Engineering Bureau. Thereafter he was transferred from Chittagong Zilla Parishad on 25th June, 1985 to LGRD Head Quarter at Dhaka as superintendent Engineer and he worked there as superintendent Eng......91 on the ground of being absent without leave or reasonable excuse from the place where he was transferred it may be mentioned case before AT and AAT was disposed of solely on matters of law and at no stage allegations against appellant was considered in any respect in disposing of the..Category: Administrative Law | Date: | Hits: 95
Aminul Islam Chowdhury and others Vs. Abdul Hamid and others, 2003, 32 CLC (AD)
....tention of the learned Advocate for the petitioner, considering the submission of the learned Lawyers of the parties and in view of the facts and circumstances of the case feel that for the ends of justice and for proper adjudication of the points involved, the cases should go on remand to the l...... case is remanded back to the High Court Division for hearing the rule and for disposal of the same in accordance with law. Ed. This Case is also Reported in: 1 ADC (2004) 217. ......fazzul Islam J Aminul Islam Chowdhury and others...............Appellants Vs. Abdul Hamid and others.............................Respondents Judgment October 27, 2003. Result: The appeal is allowed without any order as to costs. Lawyers ......r upon reading the judgment itself that all the relevance evidence has been substantially considered by the lower appellate Court and met all the reasons given in the judgment of the trial Court. The law as provided under Order 41 Rule 31 of the C.P.C. enjoins that the appellate court must given rea..Category: Procedural Law | Date: | Hits: 76
Afsar Uddin Sarker Vs. Md. Aftabuddin & others, 2002, 31 CLC (AD)
....uq. For the reasons and discussions made above, we find no merits in this appeal and accordingly it is dismissed, with costs. Ed. This Case is also Reported in: 1 ADC (2004) 215. ....... The wakf administrator allowed vide order dated 06.08.84 the appellant petitioner to continue his function as the member secretary of the committee till formation of a new managing committee and accordingly a new committee was formed on 30.04.84 according to the proposal of the Upazila Chairma......e judgment and order dated 27.03.97 passed by the additional district Judge, Rangpur in Misc. Appeal 57 of 1994 by which the judgments and orders dated 01.08.94 and 03.08.94 passed by the administrator of wakf in E.C. No. 11966 being Taragonj wakf estate District Rangpur were set aside. 2.......the wakf Administrator and directed the petitioner to continue as the Member Secretary of the Managing Committee. The administrator of wakf then vide his order dated 01.08.94 amended the scheme/bye-laws for management of the said wakf estate creating the post of a vice Chairman to work with the ..Category: Trust/Waqf Law | Date: | Hits: 200
Md. Azizul Huq Vs. Sree Purna Chandra Das, 2001, 30 CLC (AD)
....ence on record. Mr. Ahmed submits that the High Court Division decided the appeal only upon considering the evidence of D. W. 3 and no other evidence and materials on record. The miscarriage of justice is therefore apparent. Mr Ahmed submits that this is a fit case in which this Division sho......nt is not expected from the learned Judges of the High Court Division and as such we are inclined to send the case back to that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in......ench of the High Court Division in First Appeal No.166 of1995. The High Court Division by judgment dated 18th March, 1997 allowed the appeal and dismissed the suit. 2. The short fact leading to this petition is that defendant-appellant wanted to sent his son to middle east for earning his ...... that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ..Category: Property Law | Date: | Hits: 32
Sultan Ahmed Talukder and anr Vs. Registrar of Trade Union, Dhaka Division & ors, 2004, 33 CLC (AD)
....allowed without any order as to costs. The matter is sent back to the High Court Division to dispose of writ petition on merit. Ed. This Case is also Reported in: 1 ADC (2004) 195. ...... committee of Trade Union and Registrar of Trade Unions has no authority under the law to declare a committee to be illegal and certify another committee to be a valid one. He lastly submitted that accordingly the matter may be sent back to the High Court Division for hearing the Rule on me......or the Appellants. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Fakrul Islam, Advocate-on-Record-For respondent Nos. 5-8 10, 12, 15, 17, 18, 20-29. Fida M. Kamal, Additional attorney General instructed by Ahsanullah Ullah Patwary, Advocate-on Record-For Respondent Nos. 1-2. ......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)
.... of dismissal and to restore him to his post the respondent No.1 did not receive any reply from the authority. In the background of the aforesaid facts the Respondent No. 1 served notice demanding justice by way of setting aside the order of dismissal and for restoring him to his post with all b......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. ......d July 14, 1996. The Court by the judgment and order February 27, 1997 convicted the Respondent No.1 in the case registered under Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 and sentenced him to suffer imprisonment for life. On appeal, Criminal Appeal No. 411 of 1997. The High Court Divisi......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)
....rom his jurisdiction and that the area where in he was acting as Nikah Registrar was curtailed without giving any notice upon him and thus there has been violation of the principle of natural justice. 4. The Rule was opposed by writ Respondent No.3 (appellant) by filing affidavit-in-......ition No.1468 of 2000 making the Rule absolute and thereupon declared illegal the Memo, dated March 2, 2000 of the Ministry of Law, Justice and Parliamentary Affairs, Government of Bangladesh according approval as regard granting of lisence of Nikah Registrar to the appellant on t......ed illegal the Memo, dated March 2, 2000 of the Ministry of Law, Justice and Parliamentary Affairs, Government of Bangladesh according approval as regard granting of lisence of Nikah Registrar to the appellant on temporary basis in respect of 3 wards of Gafargaon Municipality. The High......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. Abdus Satter and others, 2004, 33 CLC (AD)
....al court for the third time which was rejected on 09.09.1995, against which they obtained a rule and the learned Judges of the High Court Division granted bail to the accused respondent for ends of justice up to 15.08.1996 directing the trial court to try and dispose of the case within the said ......d with the direction of this Division and surrendered when trial could not be concluded within the time fixed by the Court and thereafter with the lapse of time they could make prayer for bail and accordingly made the prayer and the High Court Division after assigning cogent reasons granted bail......ellant Vs. Abdus Satter and others....................Respondents Judgment April 5, 2004. Lawyers Involved: Syed Abu Kowser Md. Debirush Shan, Deputy Attorney General, instructed by Mvi Md. Wahidullah, Advocate-on-Record-For the Appellant. Adbul......the Respondents on bail in the interest of justice, the trial court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: 1 ADC (2004)184. ..Category: Criminal Law | Date: | Hits: 35
State Vs. Md.Tuku Biswas, 2002, 31 CLC (AD)
....ar that there is no legal evidence against the accused respondent to support the conviction under section 396/34 of the Penal Code. In that view of the matter in order to secure substantial justice in the case we are inclined to set aside the impugned judgment setting the aside conviction......ath and other accused were convicted and sentenced to 3 years and to pay fine of Tk. 1,000/- in default to suffer rigorous imprisonment for 3 months each. 2. The learned Sessions Judge accordingly send the death reference No. 10 of 1988 (Death Reference No. 13 of 1991 (Dhaka) arising..............................Appellant Vs. Md.Tuku Biswas.............Respondents Judgment April 9, 2002. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General, instructed by Sajjadul Huq, Advocate-on-Record-For the Appellant. Ex-parte- ......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)
....ng in an unusual haste, he failed to point out anything to show that without affording any opportunity to the appellant the proceeding was concluded. From the record it appears that previously Mr. justice Moksumul Hakim was appointed arbitrator before whom the materials were placed by both ......referred to sole Arbitrator Mr. Justice Moksumul Hakim for arbitration as per terms of the contract. Justice Hakim proceeded with the arbitration for some time but then he declined to continue and accordingly Mr. Md. Moksudur Rahman was appointed an Arbitrator in his place who then on completion......Board WAPDA Building, Motijheel, Dhaka ..............Appellant Vs. M/s Zakir Construction & Co........Respondent Judgment November 27, 2000. Case Referred to- Bangladesh Agricultural Development vs. Kibria and Associates Ltd. 46 DLR (AD) 97. ......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. ...... 10 (1) (2) framed there under. According to the learned Attorney General this is an administrative function of the Deputy Commissioner and it is the administrative functionaries who will act according to the Act and the Rules. He cites the decision in the case of Badal Rani Vs. Govern......0 of 1997) Judgment August 23, 1998. Cases Referred To- Badal Rani Vs. government of Bangladesh, 27 DLR (AD) 65. Lawyers Involved: Mahmudul Islam, Attorney General (B. Hossain, Deputy Attorney General and Bazlur Rahman Ghana, A. A. G. with him) ins......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.......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.......al No. 47 of 1999) Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors...............Respondent (In both the appeals) Judgment December 10, 2000. Lawyers Involved: Mahmudul Islam, Attorney General, instructed by S. B. Barua, Advocate-on-Record-For the Appellants (In Civil Appeal No...... 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
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