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Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
.... by Md. Abu Siddique, Advocate-on- Record—For Respondent No. 1. Not Represented — Respondent Nos. 2-4. Civil Petition For Leave to Appeal No. 447 of 1998. (From the judgment and decree dated -1 -1998 passed by the High Court Division Dhaka in FA No 39 of 1995). Judgment: Must......nants. Abdul Mannaf died leaving the plaintiffs as his heirs who are in possession of the suit land as before. The defendants have no right, title and interest in the suit land. Defendant No.1 served notice upon the plaintiffs’ tenants claiming title over the suit land and on receipt of this notic...... (From the judgment and decree dated -1 -1998 passed by the High Court Division Dhaka in FA No 39 of 1995). Judgment: Mustafa Kamal J.- The plaintiff-petitioners have preferred this petition for leave to appeal from the judgment and decree dated 22-01-98 passed by a Division Bench of the Hi..Category: Tenancy Law | Date: | Hits: 82
Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)
.... to bring before the court so long. The defendants must take the consequence of their own laches. Moreover there is nothing specific to show that the defendants were absent from the country on the date of passing the ex parte decree…..(5) Lawyers Involved: Md. Abdul Han......dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ......ode of Civil Procedure, 1908 (V of 1908), Order IX Rule 13 It is not possible to permit the defendants to prove certain facts after elapse of ten years which the defendants failed to bring before the court so long. The defendants must take the consequence of their own laches. Moreover ther..Category: Civil Law | Date: | Hits: 115
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....lant. SR Pal, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record—For the Respondents Civil Appeal No. 40 of 1996. (From the Judgment and order dated 15 & 16 November 1995 passed by the High Court Division in Civil Revision No. 1843 of 199......92. A learned Single Judge of the High Court Division, by judgment and order dated 15 & 16 November 1995, reversed the order of the Subordinate Judge setting aside abatement. The learned Judge noticed that the Subordinate Judge did not accept the plaintiffs’ plea that plaintiff No. 14 ......;…..Respondent Judgment March 11, 1999. The Limitation Act, 1908 (IX of 1908), Section 5 (i) An abatement can be set aside at any time even beyond the period prescribed for making an application in that behalf if sufficient cause is shown explaining the delay…..Category: Property Law | Date: | Hits: 72
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....1 (In Criminal Appeal No. 12 of 1999). Not represented—Respondent Nos. 2-5 (In Criminal Appeal No. 12 of 1999). Criminal Appeal No. 9 of 1998 (From the judgment and order dated June 4th, 1998 passed by the High Court Division, Dhaka in Criminal Appeal No. 1013 of 1998). ...... which culminated in filing of yet another petition for leave to appeal, No. 12 of 1999, against the order passed by the same Bench in Criminal Miscellaneous Case No. 5382 of 1998. 16. As already noticed, the aforesaid Miscellaneous Case was filed by one Meher Chand claiming himself to be the br......l Procedure, 1898 (V of 1898), Section 491 It is entirely unacceptable that a young girl who is an innocent victim of the alleged offence should remain in an unwholesome atmosphere of a jail for an indefinite period. The victim girl on medical examination found 18 years of age by two doctor..Category: Criminal Law | Date: | Hits: 71
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....-General with him) instructed by Shamsul Haque Siddique, Advocate-on-Record — For the Respondent. Criminal Appeal No. 16 of 1996 (Direct Appeal). (From the judgment and order dated 29-6-95 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 814 of 1995 (Cont...... commented that the en masse resignation of the Opposition from the Parliament virtually rendered the verdict of the people infructuous. The High Court Division as a last attempt served show cause notice upon the Speaker and asked him not to pass any ruling for the time being regarding resignati......ed the 6th February, 1995 a suo motu Rule was issued on the 22nd March, 1995 by a Division Bench of the High Court Division calling upon the appellant, the editor and the printer/publisher of the aforesaid news paper to show cause as to why they s1 not be committed for Contempt of Court for publ..Category: Criminal Law | Date: | Hits: 75
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
....ructed by Shamsul Haque Siddique, Advocate-on-Record— For the Respondents. Civil Petition For Leave to Appeal Nos. 1049, 1050 & 1059 of 1997. (From the judgment and order dated June 10, 1997 passed by the High Court Division, Dhaka in Writ Petition No. 58 of 1989 with W......only known as Tallabag, on 11-1-89 and demolishing the semi pucca residential structures, two semi pucca shop rooms, petrol pump and super market standing thereon. 3. Briefly their case, as noticed in the impugned judgment, is that the aforesaid CS plots under CS Khatian No. 112 of Mouza......e Constitution of Bangladesh, 1972, Article 102 However extraordinary its powers, a writ Court cannot and should not decide any disputed question of fact which requires evidence to be taken for settlement. All the findings, orders and observations made by the High Court Division on the qu..Category: Property Law | Date: | Hits: 64
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....rifuddin Chaklader, Advocate-on-Record — For the Respondent No.1. Respondent Nos. 2-8 — Not Represented. Civil Appeal No. 3 of 1996. (From the judgment and order dated 3-8-95 passed by the High Court Division in Civil Revision No. 2284 of 1995). Judgment...... if the election materials were intact or not. (viii) Three gunny bags containing election materials produced from the treasury was without proper seal on the tied up end as had been noticed by the Tribunal. The tribunal further found that the two packets containing valid ballot p......nless there has been non-consideration or gross misreading of evidence by the Subordinate Courts or Tribunal which has materially affected the merit of the case…….(11) ()ii Before opening the election materials for recounting of ballot papers the Election Tribunal is to sat..Category: Election Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....nts Nos. 2-6 (In Civil Appeal No. 34 of 1998). Not represented — Respondents Nos. 2-11(In Civil Appeal No. 35 of 1998). Civil Appeal Nos. 34 and 35 of 1998. (From the judgment and order dated November 5, 1977 passed by the High Court Division in Civil Revision Nos. 1050 and 1051 of 199......1 is common, namely, Bangladesh Shilpa Rin Sangstha who is the appellant in both the appeals. The reliefs prayed for in the two suits are more or less the same and therefore, it will be sufficient to notice the reliefs prayed for in one suit, namely, Title Suit No. 24 of 1993 which are as follows: ......Procedure. The provisions of Article 34(5) will prevail over those of Order VII, rule 11. When the reliefs claimed fall within the clear mischief of Article 34(5) (a)(i) & (ii) it will be an idle formality to ask the defendant- appellant to file petitions afresh under Article 34(5) praying for n..Category: Property Law | Date: | Hits: 77
SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)
....nd the case has to be filed within specified time. But subsequent allegations will not save limitation because the requirements under law is that the complaint has to be filed within one month of the date on which cause of action arises under clause (c) of proviso to section 138. Admittedly the peti......om the complainant, that the appellant withdrew bills on several occasions but did not return the security money to the complainant in spite of repeated demands whereupon the complainant sent a legal notice on 5-12-95, that on 21-12-95 the appellant in presence of witnesses handed over a cheque of T...... 1996). Judgment ATM Afzal CJ.- This appeal by leave arises out of a judgment and order dated 1st December, 1996 passed by a Division Bench of the High Court Division rejecting an application for quashing of the proceeding of CR Case No. 227 of 1996 pending against the accused-appellant in t..Category: Business or Commercial Law | Date: | Hits: 145
Sabita Dutta Vs. Manager, Cinema Palace Chittagong and another, 1999, 28 CLC (AD)
....vocate-on-Record — For the Respondent No. 1. Not Represented —Respondent No. 2. Civil Petition for Leave to Appeal No. 656 of 1997. (From the Judgment and order dated 01-06-97 passed by the High Court Division in Writ Petition No. 1778 of 1991) Judgment:......ot a worker as defined under the Ordinance her application does not lie before the Labour Court, In that, reported decision the definition of worker as given in both the statutes have been clearly noticed wherein it has been said that an individual worker after compliance with the formalities as......urt Division rightly held that the petitioner (a retrenched gate-keeper of a Cinema hall) being not a worker as defined under the Industrial Relations Ordinance, 1969 her application does not lie before the Labour Court under section 34 of the said Ordinance and the same could not be converted in..Category: Labour and Industrial Law | Date: | Hits: 94
Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)
....r, Advocate-on-Records— For the Petitioner. Not represented — The Respondents. Civil Petition for Leave to Appeal No. 1129 of 1998. (From the Judgment and Order dated 13-11-98 passed by the High Court Division in Writ Petition No. 2866 of 1998). Judgment......g ijara for ferry ghat. And ferry includes a bridge of boats, pontoons or rafts, etc but not nowka ghat. Thus, the order giving ijara of nowka ghat is illegal. It is further stated that a re-tender notice was given on 11-4-95 by respondent No. 2 inviting tenders of some other similar ghat includ......hers 49 DLR (AD) 1. Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Records— For the Petitioner. Not represented — The Respondents. Civil Petition for Leave to Appeal No. 1129 of 1998. (From the Judgment and Order dated 13-11-98 passed by..Category: Constitutional Law | Date: | Hits: 126
Moulana Delwar Hossain Saydee Vs. Sudhangshu Shekhar Halder and others, 1999, 28 CLC (AD)
....Record—For the Respondent No.1. Not represented — Respondent Nos. 2 to 19. Civil Petition for Leave to Appeal No. 15 of 1998 (From the judgment and order dated 26 October 1997 passed by the High Court Division in First Miscellaneous Appeal No. 144 of 19...... provisions of the Code of Civil Procedure will apply to appeals as well. Learned Judges of the High Court Division do not appear to have committed any illegality in dispensing with the service of notice upon the non-contesting parties in terms of the principle underlying Order 41, rule 4(3) of ...... Amirul Islam, Senior Advocate instructed by Md. Aftab Hossain Advocate-on-Record—For the Respondent No.1. Not represented — Respondent Nos. 2 to 19. Civil Petition for Leave to Appeal No. 15 of 1998 (From the judgment and order dated 26 October 1997 pa..Category: Election Law | Date: | Hits: 117
Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)
.... Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record— For Respondent Nos. 9-10. Civil Petition for Leave to Appeal No. 505 of 1997. (From the judgment and order dated May 20, 1997 passed by the High Court Division, Dhaka in Writ Petition No. 2081 of 1996). ......eniority after being selected and empanelled by the promotion committee petitioner could not be promoted before the respondents who are junior to him on the basis of his merit score in the ACR as noticed above and, as such, his claim that he would have been promoted on the basis of his ACR mar......stitution of Bangladesh, 1972, Articles 27, 29, 102 & 117 The High Court Division has rightly held, that the writ petition was not maintainable because he (petitioner) did not seek to enforce any fundamental right and further, it was within the competence of the Administrative Tribuna..Category: Employment/Service Law | Date: | Hits: 63
Commissioner of Customs, Mongla Customs House & ors Vs. SARC Enterprise, 1999, 28 CLC (AD)
.... Wahhab Meah, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record —For the Respondent. Civil Petition for Leave to Appeal No. 405 of 1999. (From the judgment and order dated 17-2-1999 passed by the High Court Division, Dhaka in Writ Petition No. 576 of 1999). J......er stands modified accordingly. This petition is disposed of upon condonation of delay in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 165. ...... B Hossain, Advocate-on-Record— For the Petitioners. MA Wahhab Meah, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record —For the Respondent. Civil Petition for Leave to Appeal No. 405 of 1999. (From the judgment and order dated 17-2-1999 passed by..Category: Business or Commercial Law | Date: | Hits: 155
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
....…….(10) (ii) We declare that all posting of all persons as Magistrates exercising judicial functions not made in consultation with the Supreme Court before 16-6-1999 stand validated, and all orders made, all judgments and sentences and other orders passed, all acts and thing...... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ...... The Constitution of Bangladesh, 1972, Articles 102 & 116 (i) When a declaratory judgment is passed by a Court it is usually retrospective in nature, unless otherwise indicated. Therefore the interpretation of Article 116 of the Constitution given by the High Court Division will be..Category: Employment/Service Law | Date: | Hits: 72
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
....by Shamsul Haque Siddique, Advocate- on-Record — For Respondent No. 1. Ex-parte — Respondent No. 2. Criminal Appeal No. 19 of 1997 (From the Judgment and order dated 30-3-95 passed by the High Court Division in Criminal Revision No. 1907 of 1992). Judgm......t think that the learned Judges of the High Court Division correctly laid down the law in the impugned judgment in the following terms: “In view of the existing legal position as noticed above, we hold that a person accused in a criminal case can only prefer an application unde...... When the Civil Court is in seisin of the matter it could very well investigate into the same with regard to its own order but it cannot direct the complaint to file the petition of complaint before the criminal court. The order of filing a petition of complaint by the complainant is liable t..Category: Criminal Law | Date: | Hits: 69
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....Petitioner MA Wahab Mia, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record —For the Respondent. Civil Appeal No. 36 of 1996. (From the judgment and order dated 28 July 1993 passed by the High Court Division, Dhaka in Civil Revision No. 7343 of 1991). ......p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ......from the days of antiquity. It lies within the city of Dhaka. The votaries of the deity are the members of the Hindu community at large spread all over the country. 3. The said deity sued forma pauperis through her managing shebait and a next friend, Hem Chandra Chakraborty who in his t..Category: Family Law | Date: | Hits: 156
Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)
....f the Court), instructed by Moulavi Md. Wahidullah, Advocate-on-Record— For the Respondents. Civil Petition for Leave to Appeal No. 212 of 1999. (From the Judgment and order dated 13-1-99 passed by the High Court Division in WP No. 1714 of 1998). Judgment ......has been curtailed which the Government is authorised under the law to do. Consequently, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 152. ......arriages and Divorces (Registration) Act, 1974, Section 4 Proviso i) Section 4 of the Act has given power to the Government to alter, extend, curtail or otherwise alter the limits of any area for which a Nikah Registrar has been licensed……(14) ii) A right given under r..Category: Employment/Service Law | Date: | Hits: 69
Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
....ecord— For the Appellant. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali Advocate-on-Record —For the Respondent. Civil Appeal No. 121 of 1997. (From the Judgment and order dated 25th July, 1995 passed by the High Court Division in Civil Revision No. 410 of 1984 (Rangpur)/......appellants were tenants under them at a monthly rent of Taka 25.00 payable on the first day of the next month. As the defendant-appellants defaulted payment of rent for the month of Bhadra, 1376 BS a notice under section 106 of the Transfer of Property Act, 1882 was sent to them by registered post b......sion No. 410 of 1984 (Rangpur)/Civil Revision No. 7492 of 1991 (Dhaka) making the Rule absolute. 2. The plaintiff-respondents instituted Other Suit No. 62 of 1975 in the Court of Munsif, Kurigram for ejectment of the defendant appellants from the suit premises, recovery of vacant possession and ..Category: Tenancy Law | Date: | Hits: 62
Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)
....8 to 454 of 1999 and 456 of 1999. Judgment Mustafa Kamal J.- It all began with the Establishment Division’s Memo No. Ed (M-1) 12/72/-5 dated 28-3-1972 stating the Government decision to absorb all employees appointed afresh at Mujibn......es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148. ......of persons appointed in the service of the republic and others are left out, the list being prepared by the executive without backing of any law, those left out persons may invoke writ jurisdiction for enforcement of their fundamental rights under article 27 and 29 of the Constitution for getting..Category: Employment/Service Law | Date: | Hits: 81
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