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Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....te, instructed by SR Khoshnabish, Advocate-on-Record— For the Appellant Ex parte—the Respondents. Civil Appeal No. 142 of 2002. (From the judgment and order dated 25th May 2000 passed by the High Court Division in Writ Petition No.50 of 1996). Judgment&......), section 5 Abandoned property in possession of the government could only be included in the ‘Ka’ list of abandoned building in respect of which possession has been taken by issuance of notice under article 7 of President’s Order No.16 of 1972. No notice being served under a......to sell the same to the appellant on receipt of Taka 13,500 as advance out of total consideration money of Taka 15,000 and delivered possession of the same to the appellant on the same day as part performance of the agreement for sale. Before the execution of the deed Abdul Hafiz died in January 197..Category: Property Law | Date: | Hits: 108
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
.... Hossain Khan, Advocate, instructed by Aftab Hossain, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No. 1490 of 2003. (From the judgment and order dated 15th September, 2003 passed by the Administrative Appellate Tribunal in Administrative Appell......rule 10(1)(2)(3) and (4) of the Government Servant (Discipline and Appeal) Rules 1985, completed the inquiry and submitted report holding the respondent guilty of the charge, then second show cause notice was issued without supplying the copy of the inquiry report and the respondent on the ground......rul Kabir ........................Respondent Judgment April 10th, 2005. The Government Servant (Discipline and Appeal) Rules, 1985 Appointment of an Inquiry Officer before being satisfied that there was good ground for proceeding against the accused is a violation o..Category: Administrative Law | Date: | Hits: 113
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....May Chakma, Additional Attorney-General with him) instructed by B Hossain, Advocate-on-Record—For the Respondents. Civil Appeal Ho. 299 of 2002. (From the judgment and order dated 28-1-2001 passed by the Administrative Appellate Tribunal in Appeal No. 127 of 1999). ......scarriage of justice as the Tribunal did not consider this aspect of the matter and also the submission that before passing the impugned order of removal from service of the appellant no show cause notice was served upon her and, as such, the principle of natural justice and Article 135(2) of the...... Judgment June 14th, 2004 The Constitution of Bangladesh, 1972, Article 135(2) The appellant being in service of the Republic, in case of her removal, she is eligible for protection under Article 139(1) of the Constitution. She cannot be removed or discharged from s..Category: Administrative Law | Date: | Hits: 128
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....he appeals) Not represented - Respondents (In Civil Petition No. 118 of 1992). Civil Appeals Nos. 3 and 4 of 1992 and Civil Petition No. 118 of 1992. (From the judgment and order dated 19.12.1991 passed by the High Court Division, Dhaka, in Writ Petitions Nos. 2937 and 3002 of 1......troversy as to whether designation by law of an area other than a district is necessary for the purpose of Article 59. It is unfortunate that this important legislation‑Act IX of 1973‑escaped the notice of learned counsels for both the parties to these appeals. This amendment by Act IX of 1973 f......s. Union of India, AIR 1987 SC 232; AK Roy Vs. Union of India, AIR 1982 SC 710; KCG Narayan Deo vs. State of Orissa, AIR (1953), SC 379; Ontario vs. Reciprocal Insurers, 1924 AC 328; Attorney General for Alberta Vs. Attorney General for Canada, 1939 AC 117; Sheela Barse Vs. State of Moharastra, AIR ..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....cted by Md. Aftab Hossain, Advocate-on-Record-For the Respondent No. 1. Not Represented ‑Respondent Nos. 2-8. Civil Appeal No. 74 of 1990. (From the judgment and order dated 1st April, 1990 passed by the High Court Division, Dhaka in Admiralty Suit No. 30 of 1984). ......n 10.9.86 for attachment of the aforesaid shares of the judgment-debtor No. 2 Khondkar Mahtabuddin Ahmed which were lying with the UCBL. Having coming to know of the said order of attachment from a notice published in the newspapers the UCBL filed an application for vacating the said order of at......ect of 25000 shares of Tk. 100 each of the United Commercial Bank Limited, briefly UCBL (respondent No. 1 herein) registered in the name of Khondkar Mahtabuddin Ahmed, judgment-debtor No. 2 in the aforesaid Admiralty Suit. 2. Facts of the case, briefly, are that the appellant obtained a d..Category: Business or Commercial Law | Date: | Hits: 124
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....der, Assistant Attorney-General with him) instructed by Md. Nowab Ali, Advocate-on-Record-For the Respondent. Criminal Appeal No. 15 of 1989. (From the judgment and order dated 30th April, 1989 passed by the High Court Division in Criminal Contempt Case No. 3 of 1988)....... in the contention that while other offenders have not been caught why the appellant should be nabbed. As an officer of the Court, the learned Counsel for the appellant may bring any matter to the notice of the Court that may, in his view, call for an action under the Contempt of Courts Act. ...... of 1988. On a report by Mr. AKM Fazlul Karim, the Subordinate Judge, Third Court, Dhaka, the High Court Division issued a Rule upon the appellant to show cause as to why he should not be committed for contempt of Court for publishing and making comments in the Bangladesh Observer dated February..Category: Criminal Law | Date: | Hits: 141
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advocate-on-Record - For the Respondents (In both the Appeals). Civil Appeal Nos. 8 and 10 of 1992. (From the judgment and order dated 6.11.91 passed by the High Court Division in Writ Petition Nos 868 and 1560 of 1991 respective......cation under Article 102 of the Constitution. If the Chancellor thinks that the matter should be enquired then he will appoint an enquiry commission. The Enquiry Commission after holding enquiry with notice to both parties will submit their report. A copy of the report will be sent to the Syndicate ......91 passed by the High Court Division in Writ Petition Nos 868 and 1560 of 1991 respectively). Judgment Shahabuddin Ahmed CJ.- In both these appeals by special leaves, the only question for consideration is whether the High Court Division is well founded in law in rejecting the content..Category: Constitutional Law | Date: | Hits: 169
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.... Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on -Record- For the Respondent. Civil Appeal No. 49 of 1991. (From the Judgment and Order dated 13.1.91 passed by the High Court Division in FMA No. 261 of 1990) Judgment ......ite and vague, whether even on that assumption the award could be remitted under section 16 of the Arbitration Act to the learned Subordinate Judge and as to whether the High Court Division failed to notice that the contract itself provided for payment of interest denied to the appellant by the High......ption the award could be remitted under section 16 of the Arbitration Act to the learned Subordinate Judge and as to whether the High Court Division failed to notice that the contract itself provided for payment of interest denied to the appellant by the High Court Division. 3. The respondent..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....espondent Nos. 1-4 in CA No. 56/90. Ex parte ‑ Respondent No. 4 in CA No. 7/92. Civil Appeal No. 56 of 1990 with Civil Appeal No. 7 of 1992. (From the judgment and Order dated 18.6.90 passed by the High Court Division in Writ Petition No. 10 of 1989). Judgment: ...... certain allegations against him. The appellant was not aware of any allegations against the vendor both before or after the purchase of the said plot. He was a bonafide purchaser for value without notice of any illegality committed by his vendor. At a meeting of the Board of Trustees of RAJUK he......ess 9 kathas of land at Gulshan Residential Area, Dhaka at a consideration of Tk. 2,05,000.00 if paid in lump or Tk. 2,35,000.00 if paid in 4 successive annual instalments was issued to him by the former DIT on 14.9.79. On payment of one instalment on 8.10.79 respondent No. 4 was given possessio..Category: Property Law | Date: | Hits: 110
Sheikh Ibrahim & others Vs. Nazma Begum, 1992, 21 CLC (AD)
.... Gafur, Advocate-on-Record - For the Petitioners. Not Represented - For the Respondent. Civil Petition for Leave to Appeal No. 232 of 1991. (From the judgment and order dated 6.3.91 passed by the High Court Division, Dhaka, in Civil Revision No. 669 of 1986). ......the High Court Division on such an important matter relating to Mohammadan Law. We do not find any reason for expressing any doubt about the matter. The petition is dismissed. Ed. ......gment August 16th, 1992. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record - For the Petitioners. Not Represented - For the Respondent. Civil Petition for Leave to Appeal No. 232 of 1991. (From the judgment and order dated 6.3.91 passed by t..Category: Others | Date: | Hits: 93
Bangladesh Freedom Fighters Welfare Trust and another Vs. Md. Momtazul Hossain, 1992, 21 CLC (AD)
....ate-on-Record-For the Appellants. AKM Nazrul Islam, Advocate, instructed by Mvi Wahidullah, Advocate-on-Record-For the Respondent. Civil Appeal No. 73 of 1990 (From the judgment and order dated 12th March, 1990 passed by the High Court Division, Dhaka in Writ Petition No. 475 of 1986.) ......16 of PO No. 94 1972- "7. (1) The service of a probationer or an employee, whether temporary or confirmed, shall be liable to termination without assigning any reason after giving him two months' notice in writing or on payment of two months' substantive pay in lieu of such notice and the probat......Regulation the same was not protected just because the president of the Trust happened to be the Chief Martial Law Administrator as well. There can be no implied delegation when the express provision for delegation of power is not exercised in accordance with law. The High Court Division while decla..Category: Employment/Service Law | Date: | Hits: 93
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
....nt. Sharifuddin Chaklader, Advocate-on-Record- For the Respondent No. 1. Not Represented- Respondent Nos. 24. Civil Appeal No. 45 of 1989. (From the Judgment and order dated 25th November, 1986 passed by the High Court Division, Jessore Session, Jessore, in Ci...... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ...... Mondal by kabala dated 28.11.62. Respondent No. 2 Swapan Kumar Dafadar purchased some land from said Mohendra by kabala dated 13.4.62. This respondent No. 2 purchased the land in his own name and for his own benefits and has been possessing the same. Thereafter respondent No. 2 transferred the ..Category: Property Law | Date: | Hits: 106
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....ate, Supreme Court, instructed by Sharifuddin Chaklader, Advocate‑onRecord ‑ For Respondent Nos. 1 & 2. Civil Appeal No. 20 of 1991. (From the judgment and order dated 27th May, 1990 passed by the High Court Division, Dhaka, in Writ Petition No. 1038 of 1990).......ecorded. Mr. Khalilur Rahman has pointed out that the authorities after considering the report of enquiry dated 3.7.88 came to a provisional finding against him and served a second show‑cause notice dated 26.6.89 (Annexure‑I) which was also replied to by the appellant and that he was ......owed and the principle of natural justice was also not followed in his case by giving him sufficient Opportunity to defend himself. 2. Khondkar Mahbubuddin Ahmed, learned Counsel appearing for the appellant, has tried to show us that Government Servants (Discipline and Appeal) Rules, 198..Category: Employment/Service Law | Date: | Hits: 67
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
.... B Hossain, Deputy Attorney‑General, instructed by Md. Sajjadul Huq, Advocate-on-Record- for the Respondent. Criminal Appeal No. 16 of 1990. (From the Judgment and order dated 22nd May, 1986 passed by the High Court Division, Comilla Bench in Criminal Appeal No. 213 o......ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ......Rabeya Bhuiyan, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. B Hossain, Deputy Attorney‑General, instructed by Md. Sajjadul Huq, Advocate-on-Record- for the Respondent. Criminal Appeal No. 16 of 1990. (From the Judgment and order dat..Category: Criminal Law | Date: | Hits: 65
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
.... the Appellants. NH Khondkar, Advocate-on-Record-For the Respondent No. 1. Not Represented-Respondent Nos. 2-3. Civil Appeal No. 3 of 1991. From the judgment and order dated 25.2.90 passed by the High Court Division, Dhaka, in Civil Order No. 579 of 1990) Judgm......matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ......Managing Director of Rupali Bank and others are the appellants. Plaintiff, an Assistant Cashier of this Bank is the main respondent, (No. 1). The matter arises from a suit filed by the respondent before the Assistant Judge challenging his termination from the appellants' service. He got a decree ..Category: Administrative Law | Date: | Hits: 130
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....Respondent No. 4 in CA No. 68/90. Not Represented - Respondent Nos. 2-5 in CA No. 61/90. Civil Appeal Nos. 61 & 68 of 1990. (From the Judgment and Order dated 25.3.90 passed by the High Court Division, Dhaka in first Appeal No. 17 and 19 of 198......ubmits. 22. Dr. Rafiqur Rahman contends on the other hand that Ext. W has no manner of application in the facts and circumstances of the case and that the High Court Division has fully noticed Ext. W. 23. The argument of Mr. Asrarul Hossain on scrutiny does not stand. F......CA No. 61/90 and respondent Nos. 1-3 in CA No. 68/90. Dr. Rafiqur Rahman Senior Advocate instructed by Miah A Gafur, Advocate-on-record - For the Respondent No. 1 in CA No. 61/90 & for the appellant in CA 68/90. Ranesh Chandra Maitra, Advocate-on-Record (absent) - F..Category: Business or Commercial Law | Date: | Hits: 99
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
.... Senior Advocate instructed by M Nawab Ali, Advocate-on-Record - for the Respondent No.1. Not Represented – Respondent Nos. 2‑3. Civil Appeal No. 5 of 1992. (From the Judgment and order dated 29th May, 1991 passed by the High Court Division in Civil Revision No. 2049 of 1990). Judgm......he impugned order is ex facie bad in that it does not reflect application of any judicial mind to the relevant facts of the case and the law applicable in thematter of addition of parties. It was not noticed that the appellant did not take any step against the order of the District Judge setting asi......en at the revision stage in a proper case and the minimum that is required to be found in such a case is that the presence of such a party is necessary within the meaning of Order 1 rule 10(2) CPC or for the ends of justice............(8) Lawyers Involved: TH Khan, Senior Advocate, (SK Sinha, ..Category: Property Law | Date: | Hits: 67
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....vocate, (Dr. Rafiqur Rahman, Senior Advocate with him) instructed by Serajur Rahman, Advocate‑on‑Record‑For the Respondent No. 4. Civil Appeal No. 13 of 1987 (From the Judgment and Order dated 24.11.85 passed by the High Court Division, Barisal Bench in Civil Revision No. 311 of 1981) ......nstead of selling the property returned the advance purchase-money along with compensation then the appellants will accept the same and forsake the claim for sale. On 3.9.57 Rajeshwar sent a lawyer's notice to the appellants stating that he was unable to sell the suit property and as such he would b......Order dated 24.11.85 passed by the High Court Division, Barisal Bench in Civil Revision No. 311 of 1981) Judgment Mustafa Kamal J.- This is the plaintiffs appeal by leave arising out of a suit for specific performance of contract, Title Suit No. 253 of 1959 of the 1st Court of Subordinate Jud..Category: Property Law | Date: | Hits: 82
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....; Amirul Islam, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Appeal No. 32 of 1990. (From the judgment and order dated 20th November, 1990 passed by the High Court Division, Dhaka in Civil Revision Case No, 60 o......and when the plaintiff in effect rejected the goods after inspection by the SGS dated 6th October, 1982, and on each and every time when the plaintiff and their lawyers sent telex and served legal notices upon the defendant." 3. The appellant filed an application under Order VII rule......ected against a concurrent Judgment refusing to reject the respondent’s plaint under Order VII, rule 11 of the Code. 2. The plaintiff-respondent instituted Money Suit No. 272 of 1983 before the Third Court of Subordinate Judge, Dhaka asserting, inter alia, that the defendant, a tradi..Category: Business or Commercial Law | Date: | Hits: 124
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
....d. Nawab Ali, advocate-on-Record- For the Petitioners. Not Represented -For the Respondent. Criminal Petition for leave to appeal No. 17 of 1992. (From the judgment and order dated 22‑1‑92 passed by the High Court Division, Dhaka, in Criminal Appeal No. 194 of ...... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ......ved: Sirajul Huq, Senior Advocate, Supreme Court, instructed by Md. Nawab Ali, advocate-on-Record- For the Petitioners. Not Represented -For the Respondent. Criminal Petition for leave to appeal No. 17 of 1992. (From the judgment and order dated 22‑1‑92 ..Category: Criminal Law | Date: | Hits: 59
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