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Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....t the above order of her discharge from service but the writ petition was rejected on 5-1-1995 with observation that she should seek redress before the competent Administrative Tribunal. In the meantime she preferred an appeal on 7-1-1995 to the Secretary, Ministry of Women and Children Affairs ......gainst appellant under sections 406/409/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947, she was removed from service in terms of the conditions of her appointment letter dated 2-10-1994. It is undisputed that in the appointment letter Annexure-Ka, it..Category: Administrative Law | Date: | Hits: 128
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
.... received the Reports from those Experts. But before the trial began in the Court of the Assistant Sessions Judge the case was transferred to the Additional District Magistrate for trial as by that time the Additional District Magistrates were empowered, by an amendment in the Criminal Procedure......ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....nuously to the shires, hundreds, boroughs, cities or townships of the two centuries prior to the Norman Conquest. Since then the system underwent changes and re‑organisation on many occasions, each time with enhanced authority and augmentation of revenues. The last re-organisation of the structure......elopment Committee" should be exercised and performed by the Circle Officer (Development). After about six months, PO No. 7 of 1972 was again amended, this time by PO No. 110 of 1972. It provided for appointment of an Administrator in place of a committee for running the affairs of all the local bod..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....s not considered necessary to deal with the said section or the finding made by the High Court Division in that connection. A counsel is free to give up any point which may have been raised at the time of granting leave and in that case the court may not also decide a point even though of law on......s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....tion and had constructed some buildings there. The operation of the decree was, however, stayed on the prayer of the defendants to afford them to prefer appeal. "In the meantime, the plaintiffs filed another suit for mesne profits on April 8, 1961 in the same court for......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ..Category: Criminal Law | Date: | Hits: 141
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....is lengthy and cumbersome, and the High Court Division is also of the same view. We do not find any substance in this contention, for, remedy by appeal is quite simple and speedy, particularly when a time limit has been given for the opinion of the Syndicate on the report of the Enquiry Commission. ......minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ..Category: Constitutional Law | Date: | Hits: 169
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
....hed between the Parties as evident from the earlier proceedings of the 87th meeting of the P&D Committee. The mere fact that the execution of the formal contract was made at a subsequent point of time is irrelevant as because the parties intended before the formal contract to bind themselves int......ersity and asked for arbitration as per contract. The Vice Chancellor was the designated Arbitrator. As the Vice‑Chancellor failed to arbitrate in the matter the contractor-appellant obtained the appointment of Engineer Alhaj Md. Aflatoon, then the Chief Establishment Officer (East), Bangladesh ..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....the plot in favour of the transferee". This permission was to last for 4 months only. The period was subsequently extended upto 25.8.86 upon the prayer of respondent No. 4. Within the extended time respondent No. 4 executed and registered a sale deed on 28.6.86 containing therein references ......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
.... at the intervention of Mona and held out a threat that he would very soon teach her (Mona) a lesson. At about 5‑00 PM Mona was going to Khanpara across a field named Naozuan Math but at that time, all on a sudden, he was encircled by the four accused, as mentioned above, and eight others i......ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ..Category: Criminal Law | Date: | Hits: 93
Sharifa Khatun @ Sharbat Banu and others Vs. Md. Yusuf and others, 1992, 21 CLC (AD)
....he tenant died after the institution of the miscellaneous case. The present appellants, as heirs of the deceased, filed an application under Order 22, rule 3 (1) of the Code of Civil Procedure within time for substitution. The learned SCC Judge allowed the application by an order dated 24.3.90 after......ng the appellants in place of their deceased predecessor and the High Court Division was not justified in interfering with the same. The appeal is, therefore, allowed but without any costs. Ed. ..Category: Tenancy Law | Date: | Hits: 90
Sheikh Ibrahim & others Vs. Nazma Begum, 1992, 21 CLC (AD)
....jector, Nazma Begum, was the daughter of Zubeda Khatun, who was the daughter of Sk. Kashem, referred to as propositus in this judgement. Zubeda Khatun died in 1955. Sk. Kashem died in 1984. At the time of his death he left six sons and one widow, who are the Petitioners before us. Sk. Kashem's g......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. ..Category: Others | Date: | Hits: 93
Bangladesh Freedom Fighters Welfare Trust and another Vs. Md. Momtazul Hossain, 1992, 21 CLC (AD)
....t his service could only be terminated by the appointing authority and that the Managing Director of the Trust, at whose instance the order was passed was not his appointing authority at the relevant time. 4. When President's Order No. 94 of 1972 was promulgated the Chairman of the Trust was mad...... of the Service Rules, 1979 reads as follows: "2. (1)(a) "Appointing Authority" means the Board and includes, in relation to any post or class of posts any officer authorised by the Board to make appointment to such post or class of posts; ................................... The following ne..Category: Employment/Service Law | Date: | Hits: 93
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....jute purchased from different Centres are despatched to the Mills' Head Office at Khulna. In the Kanaipur purchasing Centre there is an Officer called Agency‑in‑Charge. At the relevant time, a Deputy Manager of the People's Jute Mills was the Agency‑in‑Charge at Kanaipur.......the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 67
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
.... in front of his left ear. The victim died instantaneously. The members of the public apprehended Shahid, Mansur Ali and the appellant and they were handed over to the police ‑station at the time of the filing of the FIR. 4. The defence case is that there was an altercation in the p......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. ..Category: Criminal Law | Date: | Hits: 65
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....imitation will be counted from the date of decision of the higher administrative authority. This is, however, not the respondent's case. Before filing his suit in 1987 he had spent about six years' time seeking remedies before persons and authorities not contemplated in sub-section (2). His case......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. ..Category: Administrative Law | Date: | Hits: 130
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....mnifying the Bank for any loss, harm, damage or detriment entailed through the Bank's default, omission, fault or negligence occurring when the Bank has to sell the salt in such manner and at such time as the Bank may think fit when the plaintiff fails to pay on due date or demand all money due ......not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....vil Procedure for impleading him and his brother Abdul Malik in the revision case. It was, inter alia, stated that the respondent and his brother have been possessing part of the suit land for a long time on the basis of lease from the Government on payment of annual lease money, that inspite of con......hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ..Category: Property Law | Date: | Hits: 67
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....al improvement of the suit property thereafter. 6. All the three Courts have dismissed the plaintiffs’ suit on the common ground that Rajeshwar having offered the advance purchase money within time the contract stands rescinded Leave was granted to consider the appellants' submission as to wh......is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ..Category: Property Law | Date: | Hits: 82
AKM Mosharaf Hossain Vs. The State, 1992, 21 CLC (AD)
....d Judges of the High Court Division being not in accordance with the mandate of section 497 of the Code of Criminal Procedure the refusal of bail was illegal and not in accordance with law. At the time of granting leave, chargesheet was not submitted in the case. It appears that charge sheet has ......are of the view that the appellant is entitled to bail. Accordingly, the appeal is allowed. The appellant will remain on same bail granted by this Court earlier till commencement of the trial. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 92
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
.... 1982 when the Letter of Credit was opened in favour of the defendant 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.&q......thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
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