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Managing Director, Janata Bank Vs. Md. Bazlur Rahman and others, 1997, 26 CLC (AD)
....appropriate cases may consider additional evidence. Joining an illegal strike by the respondent has not been proved. All the courts below in a row agreed with contention of the respondent, that being so, the Honorable Court did not find any ground to interfere………………………….(6) L...... of Assistant Judge of the then Chilmari Upazila for a declaration that the order of termination was illegal and for reinstatement in service on payment of arrears dues. The Bank Employees Federation called strike throughout the country on 9-9-81. The respondent did not take part in that strike, rat...... service of the respondent was termination simpliciter under Regulation 13(2) of Janata Bank Employees Service Regulations and the respondent is not entitled to get any relief in the suit. 3. The trial Court decreed the suit on the finding that the suit was maintainable in the civil Court by Jud......J Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Managing Director, Janata Bank …………………..Petitioner Vs. Md. Bazlur Rahman and others ……………….Respondents Judgment May 15, 1997. Result: The petition..Category: Employment/Service Law | Date: | Hits: 98
Nurul Haque (Md.) and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....egal as they have statutory right to remain in service until completion of 57 years of their age and not to be removed from service until they have completed 25 years of service. The petitioners also asserted that the respondents coerced them for accepting the special scheme for going to volunta......ssession it can only pass possession to the defendant, namely, the use of the land not beyond. This decision has no application as no provision of Public Servant’s (Retirement) Act, 1974 was called in question and the special arrangement being not a law cannot be said to be illegal and unc......gement being not a law cannot be said to be illegal and unconstitutional. These petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 140. ...... Appellate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Nurul Haque (Md.) and another ……………………………..Category: Employment/Service Law | Date: | Hits: 85
Emran Hossain Vs. State, 1999, 28 CLC (AD)
....ing leave to appeal from the impugned judgment of the High Court Division. 2. It appears that the learned Judges of the High Court Division found that the trial of the case is continuing and some witnesses have been examined. The learned Judges also found no merit prima facie that arms wer......n jail for a long time. If the trial is not concluded within a reasonable time then the petitioner can always pray for bail in the appropriate court. The petition is dismissed. Ed. ......ieved accused-petitioner is now seeking leave to appeal from the impugned judgment of the High Court Division. 2. It appears that the learned Judges of the High Court Division found that the trial of the case is continuing and some witnesses have been examined. The learned Judges also foun......y Md. Nawab Ali, Advocate-on-Record — For the Petitioner. Not represented — The Respondent. Criminal Petition for Leave to Appeal No. 31 of 1998. (From the Judgment and order dated 15-2-98 passed by the High Court Division in Criminal Appeal No. 149 of 1998). ..Category: Criminal Law | Date: | Hits: 66
....sposed of by a common judgment as they arise from Civil Revision Nos. 1619 and 1620 of 1995 disposed of by a common judgment on 5-5-97 by a Division Bench of the High Court Division making the Rule absolute, setting aside Order Nos. 46 and 47 dated 11-3-95 and 16-3-95 passed respectively by the Subo......decree against the present petitioner. Hence, the learned Judges of the High Court Division correctly held that the order of stay granted till disposal of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case.
Both the petitions are dismissed.
Ed.
This ......e obtained in the Mortgage Suit No. 21 of 1985 is illegal, void and fraudulent. In that suit, they prayed for stay of the Execution Case No. 5 of 19 arising out of the Mortgage suit. In that suit the trial Court by an order dated 11-3-95 stayed the Execution Case and also stayed the issuance of the ......late Division
(Civil)
Present:
ATM Afzal CJ
Mustafa Kamal J
Latifur Rahman J
Md. Abdur Rouf J
Bimalendu Bikash Roy Choudhury J
Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and Non-Resident Property ……………………....Petitioners
..
Category: Property Law | Date: | Hits: 85
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....989 with Criminal Appeal No. 67 of 1989, Jail Appeal No. 53 of 1989 and Criminal Revision No. 174 of 1989). Judgment Mustafa Kamal J.- 41 accused persons, including accused-respondent Nos. 1-6, were tried under sections 148/302/149 of the Penal Co......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ......mbered as Sessions Case No. 67 and 138 of 1989 respectively. Thereafter the present case and Sessions Case No. 67 of 1984 were transferred to the Court of Additional Sessions Judge for simultaneous trial. PW 19 Md Toyub Ali, successor investigating officer of the present case, on completion of i...... State, represented by the Solicitor, Government of the People’s Republic of Bangladesh ………………….Appellant Vs. Giasuddin and others……………………………....Category: Criminal Law | Date: | Hits: 80
Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)
....ublished in the Bangladesh Gazette on 23-5-96 retiring him from the post of Chief of Army Staff, (2) Memo, dated 20-5-96, published in the Bangladesh Gazette on 30-5-96 giving him premature (compulsory) retirement from the said post, (3) Memo, dated 13-6-96, published in the Bangladesh Gazette o......r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ......Ministers in a parliamentary form of Government, that the President acted malafide unlawfully leveling allegations of insubordination and mutiny against him, that without putting the petitioner on trial by a Court Martial for the offence of insubordination and mutiny he was released and later di......dvocate-on-Record— For the Petitioner. B Hossain, Advocate-on-Record — For the Respondent. Civil Petition for leave to appeal No. 296 of 1998. (From the judgment and order dated 8-12-97 passed by the High Court Division in Writ Petition No. 6717 of 1997). ..Category: Employment/Service Law | Date: | Hits: 77
Elias(Md) Vs. Jesmin Sultana, 1999, 28 CLC (AD)
....d substituted by a section prohibiting polygamy. A copy of the judgment was directed to be sent to the Ministry of Law. 4. It has been brought to our notice that the impugned judgment has also been published in a law journal (1997 BLD 04). 5. From the facts of the case as notice......the mind of the Subordinate Courts and the people at large. With these observations, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 99. ......slam and recommending amendment in the Muslim Family Laws Ordinance, 1961 (Ordinance No.VIII of 1961) prohibiting polygamy which was totally irrelevant for a decision in the matter. 2. The trial Court decreed Taka 60,000.00 as prompt dower, Taka 4,500.00 as maintenance allowance and furt...... an issue in the suit nor required to be decided in the context of pleadings of the parties. In the circumstances of the case, we feel compelled to observe that the discussion on polygamy in Islam and recommendation thereon as recorded in the impugned judgment should be taken to be deleted lest ..Category: Family Law | Date: | Hits: 158
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....ney Suit No.5 of 1994 against the appellant BSRS in the Court of Subordinate Judge, First Court, Moulvibazar for a decree of Taka 1,00,00,000.00 (one crore) as damages and loss sustained by him by reason of alleged corrupt practices adopted by the officers of BSRS in sanctioning and installing the A......nt and administration of an industrial concern under Clause (1) or transfers any property in exercise of its powers of sale or realisation under that clause, such taking over or transfer shall not be called in question in or before any Court; and no Court shall— (a) entertain any suit, applica...... 29, 1998. Result: The appeal is allowed. The Bangladesh Shilpa Rin Sangstha Order, 1971 (President's Order No. 128 of 1972) Articles 33, 34 & 35 It is palpably clear that the learned trial Judge as well as the learned Judges of the High Court Division acted illegally and without jur...... Order, 1971 (President's Order No. 128 of 1972) Articles 33, 34 & 35 It is palpably clear that the learned trial Judge as well as the learned Judges of the High Court Division acted illegally and without jurisdiction in granting temporary injunction in a matter covered under Article 34 of th..Category: Business or Commercial Law | Date: | Hits: 124
Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)
....aka District Judges’ Court and both residents of Dhaka were returning to Dhaka from their village home Barisal on a motorcycle on 4-9- 95 and that on the way they were attacked by accused persons with iron rod, bamboo sticks, daggers, etc. when both of them fell down on the ground. The acc......hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......d— Respondent No. 3. Criminal Petition for Leave to Appeal No. 64 of 1998. Judgment Mustafa Kamal J.- The accused-petitioners on bail are on trial before the 2nd Court of Additional Sessions Judge, under sections 370/324/326/379/323/109, et......upreme Court Appellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Jahir Gazi and others………………………. Petitioners ..Category: Criminal Law | Date: | Hits: 63
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
....nt August 3, 1998. Benami Transaction (i) The well-settled principle of law is that in deciding a question of benami transaction the court should take into consideration (i) the source of consideration money (ii) nature and possession of the property after the alleged transac......, the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ......lf as PW 1, his wife (appellant No.1) PW 6 and his mother-in-law i.e. grandmother of defendant No.1 as PW 7. Defendant No.1 also examined 7 witnesses including his alleged bargaders. 5. The trial Court decreed the suit holding, inter alia, — “on the contrary the...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bina Rani and another …………………. Petitioner Vs. Sh..Category: Property Law | Date: | Hits: 75
Abdul Khaleque Mollah Vs. ABM Zakaria and another, 1999, 29 CLC (AD)
....y of khas possession. The plaint case is that the original owner of the suit land Haran Mondal transferred the land in suit by a sale deed dated 16-4-1929 to Jogendra Chandra Chakravorty who in mm sold the land to Abdul Kader by a registered kabala on 13-6-1945. After the death of Abdul Kader, ......courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ...... Judgment Latifur Rahman J.- Plaintiff-respondents filed Title Suit No. 75 of 1989 in the Court of Assistant Judge, Dhaka. The said suit was decreed by the trial Court on 29-2.92. Against the aforesaid Judgment and decree the defendant preferred Title App......; Bimalendu Bikash Roy Choudhury J Abdul Khaleque Mollah.................... Defendant-Petitioner Vs. ABM Zakaria and another………………. Plaintiff -Respondents Judgment ..Category: Property Law | Date: | Hits: 72
Dr. Ahmed Husain Vs. Bangladesh, 1999, 28 CLC (AD)
....art of Parliament. What looks indecent to others may, in fact, be constitutionally permissible ……..(8) Lawyers Involved: Dr. Ahmed Husain, Senior Advocate, in person, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represented ......eges as may be determined by Act of Parliament or, until so determined, by order made by the President.” 4. The petitioner submits that President’s Order No.28 of 1973 is called the Members of Parliament (Remuneration and Allowances) Order, 1973. It does not contain any......ional. What looks indecent to others may, in fact, be constitutionally permissible. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 75. ......sp; Dr. Ahmed Husain…………...Petitioner Vs. Bangladesh, represented by Secretary, Ministry of Law and Justice…… Respondent Judgment June 23, 1998. The Constitution o..Category: Constitutional Law | Date: | Hits: 152
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
.... and split the cargo hold No. 2 resulting in the sinking of MV Al Falah- 1 with full load of wheat near Balakir Char in Gazaria Upazila. The plaintiff’s case was that the accident took place solely due to the negligence on the part of the appellant’s employees, namely, defendant No.3......vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ......efendant-appellant submits that the suit is not maintainable in the Admiralty Jurisdiction as the accident took place in Inland waters and the Inland Shipping Ordinance, 1976 provides not only for trial of offences, but section 52 of the Ordinance gives special powers to the Marine Court to pay ......me Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury Bangladesh Inland Water Transport Corporation………………..Appellant ..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Abdul Hafez Howlader alias Habibur Rahman and others Vs. State, 1999, 28 CLC (AD)
....ondents Judgment April 22, 1998. The Code of Criminal Procedure, 1898 (V of 1898) Section 417 As a matter of practice the High Court Division normally grants bail to the persons acquitted on full trial where the state prefers an appeal against the order of such acquittal......hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ...... April 22, 1998. The Code of Criminal Procedure, 1898 (V of 1898) Section 417 As a matter of practice the High Court Division normally grants bail to the persons acquitted on full trial where the state prefers an appeal against the order of such acquittal. The normal order upon ......Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Hafez Howlader alias Habibur Rahman and others ….....................Appellants Vs. State……&helli..Category: Criminal Law | Date: | Hits: 57
Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)
....ers Mawlana Abdul Hye, Hatem Ali Howlader and Abdul Wahed Khan under sections 467/471 of the Penal Code read with section 5(2) of Act II of 1947 and sentencing each of them to suffer rigorous imprisonment for two years and also to pay of fine of Taka 10,000.00 each, in default, to suffer rigorou...... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ......persons and accused Mawlana Abdul Hye also signed his name in the mortgage deeds as witness. Accused Hatem Ali Howlader stood guarantor for repayment of the loan. 3. As already noticed, the trial Court and the lower appellate Court convicted and sentenced the accused-petitioners as afore...... Mawlana Abdul Hye………..Petitioner Vs. State …………Respondent Hatem Ali Howlader and others …………...Petitioners Vs. State …&helli..Category: Criminal Law | Date: | Hits: 67
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....(V of 1908) Section 115 and Order VI, rule 7 i) The High Court Division as a revisional court had hardly any jurisdiction to set aside the findings of fact by the appellate Court and that also without discussing any fault in the factual finding by the said court………(12......ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ......lease deed dated 3 April 1957 which is said to be in confirmation of a lease in their favour granted by the self-same Abdul Aziz Miah earlier to the lease in favour of the plaintiff. 4. The trial Court dismissed the suit on the findings, inter alia, that the plaintiff had failed to prove ...... Latifur Rahman J Md. Abdur Rouf J Kochi Mia @ Khocha Mia………………Appellant Vs. Suruj Mia being dead his heirs Md Fazlur Rahman and others……………… Respondents Judgment November 12..Category: Property Law | Date: | Hits: 65
Chand Biswas and others Vs. Abdul Khaleque Sheikh and others, 1999, 28 CLC (AD)
....ther consequential reliefs was decreed by the 3rd Court of Munsif, Narail by judgment and decree dated 4-1-65. One appeal, Title Appeal No. 27 of 1965, the Additional Court of Subordinate Judge, Jessore by judgment and decree dated 24-3-66 reversed those of the trial Court and dismissed the suit......sion also found that the lower appellate Court did not controvert the adverse presumption taken by the trial Court with regard to the case of defendant No. 1 on the ground that though the plaintiff called for the counterfoils of the rent-receipts and books relating to touzi talab baki, etc. file......, Narail by judgment and decree dated 4-1-65. One appeal, Title Appeal No. 27 of 1965, the Additional Court of Subordinate Judge, Jessore by judgment and decree dated 24-3-66 reversed those of the trial Court and dismissed the suit. On the plaintiff- respondents’ Second Appeal, SA No. 1028......llate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Chand Biswas and others……………………. Petitioners ..Category: Property Law | Date: | Hits: 45
Abdul Quddus (Md) Vs. Md. Mobarak Hossain, 1999, 28 CLC (AD)
....le the application. 8. It appears from the record that no objection was raised before the trial Court as to the competency of the said Abdul Latif to file the application. This point was also not specifically raised before the High Court Division. 9. The order of restoration of t......f 1996 was not pressed by the learned Advocate of the parties. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 54. ......anuary 19, 1997. The Code of Civil Procedure, 1908 (V of 1908) Section 151 The learned single judge committed no illegality in affirming the order passed by the trial court in exercise of his power under section 151 of the C.P.C , the trial court having restor......ndents. Civil Petition for Leave to Appeal No. 571 of 1996. Judgment Latifur Rahman J.- The defendant petitioner has filed Civil Petition Nos 571 and 597 of 1996. Civil Petition No. 571 of 1996 arises from the judgment and order dated 28-8-96 pa..Category: Procedural Law | Date: | Hits: 118
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
....be said that the petitioner could not file the writ petition because the order of injunction passed by the trial Court has been stayed by us. Further the High Court Division has not assigned any reason for imposing a heavy cost of Taka 3,000.00. We think it was not quite proper to award such a bi...... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ......hat stage, the respondent attempted to sell the petitioner’s Mill under article 34 of the BSRS Order, 1972 and published tender notice for sale. On an application filed by the petitioner the trial Court by order dated 7-10-1995 granted temporary injunction in Title Suit No.5 of 1994 restra......m, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent. Civil Petition for Leave to Appeal Criminal Appeal No. 34 of 1997. (From the Judgment and order dated 19-1-97 passed by the High Court Division in Criminal Appeal No. 877 of 1994). ..Category: Business or Commercial Law | Date: | Hits: 106
Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)
.... (3), 114 (e) Under section l14 (e) of the Evidence Act one has to presume that the official acts have been regularly performed. The writ petitioners stepped into the shoes of their predecessors-in-interests, who had been duly served notices under section 5(1a) and 5(3) so the petitioners......of requisition was made. On 21 October 1964, steps under Sections 5(1a) and 5(3) of the Act were once again taken. On 9 November 1964, Shah Sufi Emaduddin Ahmed Chisty who was also a claimant was called upon to produce documents in support of his claim. 3. In the meantime Shah Sufi Ema......he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ......ent: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh, represented by the Secretary Ministry of Land …………………Appellant Vs. Abul Ho..Category: Property Law | Date: | Hits: 50
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