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Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
....rees.—(1) A Family Court shall pass a decree in such form and manner, and shall enter its particulars in such register of decrees as may be prescribed. (2) If any money is paid, or any property delivered, in the presence of the Court in satisfaction of the decree, it shall enter t......zair Farooq, Advocate-on-Record— For the Appellant Miah Abdul Gafur, Advocate-on-Record — For the Respondent Civil Appeal No. 97 of 1993 (From the judgment and order dated 22nd and 29th April, 1993 passed by the High Court Division in Civil Revision No.&......in suitable instalments, that such a stage comes after the delivery of judgment as provided in section 15 and that the impugned order of the Family Court dated 21-3-92 and 19-4-92 suffered from no legal infirmity resulting in an error in the decision occasioning failure of justice. 5. This a..Category: Family Law | Date: | Hits: 144
Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
....e. Further, it is primarily for the Government to decide which case will be investigated by the CID. This is purely an executive action and the Government is free to take any decision for securing proper investigation and for the ends of justice in a case. We find no substance in the submission ......ry J Abu Talukder …………………….Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others …….Respondents Judgment August 11th, 1996 ...... CID. 4. Mr. SS Halder, learned Advocate appearing for the petitioner, submits that the withdrawal order as passed by the Government on l8-lO-95 withdrawing the case from the CID is illegal. 5. It may be stated at the very outset that a co-accused has got no right to ap..Category: Criminal Law | Date: | Hits: 78
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ...... Rouf J Md. Ismailuddin Sarker J Anwaruddin Bepari…………………..Purchaser-Appellant Vs. Assistant Commissioner (Land) and Others……………… Respondents Judgment ......artial Law and final revival of the Constitution on 10 November 1986. The appellant’s cause of action against that order never abated unlike his writ petition. 11. Abatement of legal proceeding, inter alia, means in English Law where actions are brought to an end without any ..Category: Property Law | Date: | Hits: 88
Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
.... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J. Abul Ahsan, former President of the Chamber of Commerce and Industry, Pabna ……………………..Plaintiff-Peti...... No. 157 of 1995) praying for a declaratory decree that the letter dated 15-4-95 issued by the Ministry of Commerce dissolving Executive Committee of Pabna Chamber Commerce and Industry is illegal, void and of in legal effect. The application for temporary injunction was also filed thereun..Category: Procedural Law | Date: | Hits: 122
Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)
....s expressly provided therein. 5. It has been held by this Division in a number of cases that Administrative Tribunal has, no doubt, all the trappings of a court but it is not a Court proper, which exercises all the judicial powers of the Court provided under the Code of Civil Proce...... Md. Ismailuddin Sarker J Kamrul Hasan …………………………………..Petitioner vs Bangladesh and others…….………………..Respondent ...... Awlad Ali, the learned Advocate appearing for the petitioner submitted that Administrative Appellate Tribunal has committed an error of law in not holding that the Administrative Tribunal acted illegally in refusing to stay operation of the impugned Memo in the interest of justice pending dispo..Category: Administrative Law | Date: | Hits: 149
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....ion that the appellant was holding the office of Chairman of the Union Parishad without any lawful authority was enough. Such a declaration having actually been made the order as above was neither proper nor called for. 6. Leave was granted to consider the submission that the ......; Md. Abdur Rouf J. Mofizul Huq ………………...Appellant Vs. Mofizur Rahman and others ………….Respondent Judgment March 5th, 1996 ......“Section 3 (28) “Local Authority” “Local authority” shall mean and include a Paurashava, Zilla Board, Union Panchayet, Board of Trustees of a port or other authority legally entitled to, or entrusted by the Government with, the control or management of a municipal..Category: Others | Date: | Hits: 85
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
.... was started 8 years back and the respondents were in custody from the date of judgment of the learned Sessions Judge i.e. from 13-9-86, for about 4 years. It was also observed that it would not be proper to send the case back for re-trial because it would lead to harassment of the respondents wh...... Judgment July 7th, 1996 Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. Khandaker Mahbub Hossain, Senior Advocate, instructed by Shamsul Haque Advocate-on-Record— For ......he learned Sessions Judge without holding a fresh trial convicted and sentenced the respondents on the basis of the evidence recorded in the Special Martial Law Court his judgment and order were illegal and without jurisdiction. The learned Judges of the High Court Division upheld the said conte..Category: Criminal Law | Date: | Hits: 120
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
.... as provided in the Rules. The respondent preferred an appeal addressed to the Secretary, Ministry of Finance through C& AG on 8-12-78. The appeal was not addressed to the President who is the proper authority to entertain the appeal as per rule 18 of the Rules, 1976. The appeal was addresse...... Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Comptroller and Auditor General of Bangladesh ……………………&......tmental proceeding against him under the Government Servants (Discipline and Appeal) Rules, 1976 on 14-3-78 and issued show cause notice to which he replied denying the charges. On 25-9-78 he was illegally removed from his service. He filed an appeal against the said order to the Ministry of Fin..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
.... stated in the writ petition that as an environmentally concerned and active organisation, BELA conducted investigations at various times in 1992-93 in the FAP-20 areas. The appellant alleged that no proper environmental impact assessment had been undertaken in relation to FAP projects even though t......Mohiuddin Farooque……………………………………………………………………..Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood Control and others………………………………. Respondents Judgment July 2......ng in Article 102(1) and (2)(a) of the Constitution should be liberated from the traditional and restrictive meaning so far attributed to it in the sense that to get a hearing the person must bring a legal and personal cause only, I should think it will be too late in the day to try and give an answ..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ...... Appellate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Siddiqur Rahman (Md) and others………………………Appellants ......e 3 It is the right of the heirs of the deceased plaintiff to file in court an application for substitution and a corresponding duty has been cast upon the court to make them parties in the legal proceeding, when the right to sue survives. From the date of acceptance of the appellants&rsq..Category: Property Law | Date: | Hits: 88
Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)
....unals Act, 1980, for declaration of the said order of dismissal from service as illegal, alleging, inter alia, that the disciplinary proceeding against him was not lawful and that he was not given proper opportunity to defend himself in the proceeding and thereby he was illegally dismissed from ......sh Roy Choudhury J Shahinur Alam (Md)…………………………..Petitioner Vs. People’s Republic of Bangladesh and others……………….Respondents Judgment ......that as a Munsif at Bagaripara Upazila in the district of Natore he on 28-4-87 had delivered two Judgments decreeing suit Nos.58 and 59 of 1986 but on 3-5-87 by tampering with those Judgments he illegally dismissed those suits. 2. The then District Judge, Natore as an inquiry official ..Category: Administrative Law | Date: | Hits: 133
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
....tee (defendant No. 1) in the care of the petitioner (defendant No. 2) in a registered envelope which the petitioner is alleged to have refused to receive was wrongly accepted by the Courts below as proper service of notice terminating the lease. 7. Defendant No. 1 respondent No. 2 ......ent July 9, 1997. The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 15 Requirement of the demised premises for an adult son and a widowed daughter of the plaintiff cannot be said to be a requirement of anyone else other tha...... Act. The notice is still necessary, he submits, as the alleged award was not binding between the parties not being made a rule of the Court and not being more than a mere scrap of paper having no legal effect. 9. Both the trial Court and the lower appellate Court came to a common ..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....velopment, Government of Bangladesh, defendant No.4 of Title Suit No.142 of 1986 of the First Court of Subordinate Judge. Dhaka, in a suit for specific performance of contract for sale of the suit property, is from the judgment and order dated June 16, 1994 passed in First Misc. Appeal (briefly ......il) Present : ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh and another………………… Appellants Vs. ......hat the suit is also barred by limitation. According to them the alleged deed of agreement is a forged and fabricated document and the same has been fraudulently created to grab the suit property illegally. Respondent No.4, the then Dhaka Improvement Trust, now RAJUK, as defendant No.3, had also ..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....er section 4(3) of “1984 Rules” was initiated on 22-12-84 against him for his unauthorised absence and misconduct under Rule 3 (Ga) and 3(Kha) thereof. The enquiry officer after holding proper enquiry submitted his report on 15-6-85 finding respondent No.1 guilty of the charges and a...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Secretary Ministry of Post and Telegraph, Bangladesh Secretariat, Dhaka………………&hellip......p;………….Respondents Judgment January 20, 1997. The Administrative Tribunals Act, 1980 (V of 1981), Section 4(2) In the absence of any legal bar either by express provision or under necessary implication under any law or rules, initia..Category: Administrative Law | Date: | Hits: 119
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
.... cases demanding payment of the aforesaid sum of money from respondent No.1 within 30 days from the date of receipt of the notice and directed the company not to transfer any moveable or immovable properties. On receipt of the said notices under section 10A of the Public Demands Recovery Act the......sh Krishi Bank…………………………………………… Appellant Vs. Meghna Enterprises and another…………………………….......les absolute declaring Certificate Case Nos.318 and 319 of 1986-87 and notice issued under section 10A of the Public Demands Recovery Act, 1913 are passed without any lawful authority and are of no legal effect. 2. Respondent No.1, namely, Meghna Enterprises Ltd. a cold storage and Ice pla..Category: Business or Commercial Law | Date: | Hits: 150
....eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
...... J
Md. Abdur Rouf J
Bimalendu Bikash Roy Choudhury J
Shinepukur Holdings Ltd. & others…………………………………………….Petitioners
Beximco Pharmaceuticals Ltd. and others……………………………………...Petitioners
AKM Shamsuddin …………â......de of Criminal Procedure with his recommendation to quash the said proceedings. The learned Sessions Judge made the recommendation upon taking the view that MA Rashid Khan, Executive Director was not legally authorised to make the reports under section 25 of the Ordinance, that the provisions of law..
Category: Business or Commercial Law | Date: | Hits: 163
Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)
....nation of the suit land to the transferee is valid during the lifetime of the transferor and the same will not be binding upon the plaintiff after her death and also that for the protection of the property from damage, waste or alienation the reversionary heirs can pursue other legal remedies if...... ......sferor and the same will not be binding upon the plaintiff after her death and also that for the protection of the property from damage, waste or alienation the reversionary heirs can pursue other legal remedies if occasion arises for the same …… …………&hel..Category: Property Law | Date: | Hits: 61
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
....duct amounts paid by him as maintenance to his wife and children under decree of court passed by consent. There was no charge created in favour of the wife and children for their maintenance in the properties of the assessee. Hidayatullah J (as he then was), speaking for the court enunciated the......nce, 1984 (XXXVI of 1984), Section 160 The price differential or the windfall profit having been credited in favour of the BPC under a Government decision before it became an income in the hands of the appellant, the principle of diversion of income by over-riding title is fully attracte......entity as company registered under the Companies Act, 1913 to treat the profit arising out of refixation of price by the Government on the stocks of the company as payable to the BPC can have any legal force to override provisions of IT Act. Considering all the facts, factor..Category: Fiscal/Taxation Law | Date: | Hits: 97
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
.... 1997 when the Government which lost power in 1975 came back into office after the election of 12 June, 1996. But the Government has preferred this appeal. Be that as it may, we do not consider it proper to permit the respondent to seek for leave to appeal from the decision of the Administrative...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bangladesh, represented by Secretary, Establishment Division and others……………… Appellants Vs. Mahbubuddi...... 5. The Government in its affidavit-in- opposition contended that the order dated 8-11-86 was passed in accordance with law and mere communication of the said order on 4-1-87 will not make it illegal. 6. In making the Rule Nisi absolute the High Court Division held that MLO No.9..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
.... Judgment November 25, 1996. The Railways Act, 1890 (IX of 1890), Section 6(3) The Contract Act, 1872 (IX of 1872), Section 23 The suit land being the property of the Government the Railway Administration could not make any contract with respect to t...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Railway and ors. ……………………………&he......Chairman of the Railway Board agreed to the proposal of the plaintiffs to settle the suit land on lease but subsequently it was detected that transfer of Government land to a private party was not legal and regular and in direct violation of the rules of the Government Land Acquisition Manual as..Category: Administrative Law | Date: | Hits: 130
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