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Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
....nt. Abdur Rob Chowdhury, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent. Civil Appeal No. 40 of 1995. (From the judgment and order dated 10-6-93 passed by the Administrative Appellate Tribunal in Appeal No. 30 of 1992). Ju...... working as such the Comptroller and Auditor General drew up a departmental 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 servi......0 of 1992 setting aside the judgment and order passed by the Administrative Tribunal, Dhaka on 21-3-92 in Administrative Tribunal Case No. 126 of 1987. The respondent filed the case before the Administrative Tribunal against an order of his removal from service passed by the Comptro..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....cle 102 “Any person aggrieved”—interpreting the words “any person aggrieved” meaning only and exclusively individuals and excluding the consideration of people as a collective and consolidated personality will be a stand taken against the Constitution. Insofar as it concerns public w......ed by Mustafa Kamal, J. I had to go through all these judgments and have no option now but to write few lines to justify my participation. 2. Facts of the case and the relevant decisions have been noticed fully in the main judgment. I shall therefore avoid repetition. 3. As to the core questio......of Article 102 needs guidance: Per Mustafa Kamal J delivering The Full Court Judgment.……………………..(43) Per Latifur Rahman J (agreeing): The Constitution is a living document and therefore its interpretation should be liberal to meet the needs of the time and demands of the people. ..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....intiff 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’ application for prosecuting the case in absence of the ......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. ...... 1997. The Code of Civil Procedure, 1908 (V of 1908) Section 152 & Order XXII rule 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 ..Category: Property Law | Date: | Hits: 88
Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)
....Advocate-on-Record -For the Petitioner. Not Represented — For the Respondents. Civil Petition For Leave to Appeal No. 396 of 1996. (From the Judgment and order dated 25-6-1996 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 82 of 1994). ......he submission of the learned Advocate. No case for leave has been made out. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ...... defend and when such delinquent being dismissed with due approval of the president and omission of use of the name of the President is merely a technicality, such order of dismissal does not call for interference………………(8) Lawyers Involved..Category: Administrative Law | Date: | Hits: 133
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
....uddin Chaklader, Advocate-on-Record - the Petitioner. Not represented—the Respondents. Civil Petition for leave to Appeal No. 571 of 1997. (From the Judgment and order dated 17-2-97 passed by the High Court Division in Civil Order No. 1924 of 1997). Jud......low found that the petitioner was a defaulter in payment of rent and therefore the question whether the lease expired on 1-1-90 is not very material. 6. Mr. Pal next submits that the notice under section 106 of the Transfer of Property Act having been addressed to the alleged Chair......ent Judgment 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 anyo..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
.... Abdul Gafur, Advocate-on-Record— For the Respondent No. 2. Not represented—Respondent Nos. 2-3. Civil Appeal No. 92 of 1994. (From the judgment and order dated 16 June, 1994 passed by the High Court Division in First Misc. Appeal No. 416 of 1990). ...... ex parte disposal of the suit and on 22-2-88 they came to know for the first time regarding the ex parte decree and on 6-3-88 they filed the miscellaneous case. 16. The trial Court noticed that the defendants on 4-1-88 filed an appellation for adjournment, Exhibit-i, the court-fe.......5 and the Joint Secretary, Ministry of Works and Urban Development, 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 ..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....r the Appellant. Appeared in person - Respondent No. 1. Not Represented -For the Respondent Nos. 2-6. Civil Appeal No. 47 of 1993. (From the Judgment and order dated 13-8-93 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 65 of 1991).&nbs......hment of dismissal from service. He again denied the charge in writing and participated in the enquiry proceeding. The enquiry officer found him guilty of the charge. Accordingly, second show cause notice was issued on 17-7-86 by registered post. On consideration of the evidence and other materia......did not join at Rangpur on taking various pleas. He worked at Dhaka Office up to 21-8-79 and then stood released on 22-8-79 with effect from 23-8-79 from Dhaka Office. Thereafter he went on leave for some time but ultimately did not join at Rangpur Office. He, however, unsuccessfully challenged..Category: Administrative Law | Date: | Hits: 119
Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)
....e suit lands. The petitioner took appeals, FMA Nos.32 and 33 of 1997 therefrom. A Division Bench of the High Court Division which heard the matters dismissed the appeals by the judgments and orders dated 11 January 1998. Being aggrieved the petitioner has presented Civil Petition for leave to ap......e dispute concerning title and possession of the suit lands between the parties it was just and convenient to appoint a Receiver in respect thereof. In coming to this conclusion the learned Judges noticed that Shibajee Prasad had sworn an affidavit through the High Commission of Bangladesh to th......awab Ali, Advocate-on-Record — For the Respondent No. 1. (In both the petitions). Not represented — Respondent Nos. 2 and 3 (In both the Petitions). Civil Petition for Leave to Appeal Nos. 183 and 184 of 1998. Judgment ..Category: Property Law | Date: | Hits: 87
Monir Ahmed Fakir and others Vs. Abdul Jalil Munshi and others, 1998, 27 CLC (AD)
....pondent Nos. 1, 2(a), 3 & 4. Not represented Respondent Nos. 2, 2(b)-2 (e), 5-17. Civil Petition for Leave to Appeal No. 252 of 1996. (From the Judgment and order dated 7-7-96 passed by the High Court Division in Civil Revision No. 718 of 1998). Ju...... having been exercised judiciously there is nothing for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 198. ......Judgment June 26, 1997. The Code of Civil Procedure, 1908 (V of 1908) Order XXII rule 3 The civil revision case having been disposed of two years back there remains nothing for recording an order of abetment in the case which was disposed of on merit by the learned single..Category: Civil Law | Date: | Hits: 150
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....e- on-Record — For Respondent No.1 in both the cases. Ex Parte — Respondent No.2 in both the cases. Civil Appeal Nos. 93 and 94 of 1994 (From the Judgment and order dated 2-12-92 passed by the High Court Division in Writ Petition No.3 of 1989 (Comilla) Wri......) and Writ Petition No.2 of 1989 (Comilla) Writ Petition No.1949 of 1991 (Dhaka) allowing the two writ petitions, making the Rules 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 la......t any lawful authority and are of no legal effect. 2. Respondent No.1, namely, Meghna Enterprises Ltd. a cold storage and Ice plant at Barkamta under Debidwar Police Station, Comilla applied for loan from Bangladesh Krishi Bank, Monoharpur Branch, Comilla against pledge of goods. Banglades..Category: Business or Commercial Law | Date: | Hits: 150
....In all the petitions).
KS Nabi, Attorney-General —For Respondent No. 2 (In all the petitions).
Criminal petition for Leave to Appeal Nos. 52 to 54 of 1998.
(From the judgment and order dated December 9, 1997 passed by the High Court Division, Dhaka in Criminal Reference Nos. 1-3 01199...... accused persons have faced harassment and financial loss and the same has caused failure of justice and further that those irregularities are not curable under section 537 Cr.P.C.
6. As already noticed, the High Court Division by the impugned judgment and order rejected all the references.
......Code of Criminal Procedure, 1898 (V of 1898) Sections 435, 438 & 439A
Objection raised by the petitioners as to lack of authority of the officer was premature in that they did not surrender before the CMM before whom the objection should have been raised first. The objection as to alleged la..
Category: Business or Commercial Law | Date: | Hits: 163
Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)
....n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ......n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ...... Mahbubey Alam, Advocate, instructed by Chowdhury Md Zahangir, Advocate-on-Record — For the Petitioner. Not represented— The Respondent. Criminal Petition for Leave to Appeal No. 27 of 1998. Judgment &nbs..Category: Criminal Law | Date: | Hits: 79
Mokaddesh Mondal and Others Vs. State and Others, 1998, 27 CLC (AD)
....e Magistrate concerned on 21-10-96 praying to accept the charge-sheet after substituting section 326 in place of section 325 of the Penal Code. 2. The learned Magistrate by his order dated 15-4-97 treated the application as a Naraji and observed that the charge-sheet was accepted ...... at the time of framing charge or even there-after. The petition is dismissed with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 186. ...... ABM Nurul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioners. Not represented— The Respondents. Criminal Petition for Leave to Appeal No. 123 of 1997. Judgment &n..Category: Criminal Law | Date: | Hits: 74
Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)
.... Latifur Rahman J.- This petition by the plaintiff-petitioners is directed against the judgment and order dated 24-5-93 passed by a Division Bench of the High Court Division in Civil Revision No.7253 of 1......d above, we do not find any illegality in the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ......n 205 of the Hindu Law alienation 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 pur..Category: Property Law | Date: | Hits: 61
Shahidullah (Md) Vs. Md. Yunus and others , 1998, 27 CLC (AD)
....…………….Respondents Judgment November 16, 1997. The Constitution of Bangladesh, 1972, Article 103 The appeal was heard ahead of the date appearing on the notice for hearing, at detriment of the petitioner. It is a fit case in which......p;…….Respondents Judgment November 16, 1997. The Constitution of Bangladesh, 1972, Article 103 The appeal was heard ahead of the date appearing on the notice for hearing, at detriment of the petitioner. It is a fit case in which the petitioner should......ip;….Respondents Judgment November 16, 1997. The Constitution of Bangladesh, 1972, Article 103 The appeal was heard ahead of the date appearing on the notice for hearing, at detriment of the petitioner. It is a fit case in which the petitioner should move ..Category: Procedural Law | Date: | Hits: 94
Rafique (Md) Vs. Syed Morshed Hossain and another, 1998, 27 CLC (AD)
.... Md. Abdur Rout J.- This petition for leave by the informant-petitioner is from the judgment and order dated 2-1-96 of a Division Bench of the High Court Division passed in Criminal Miscellaneous Case N......n rightly quashed the proceeding. We find no merit in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 163. ......l CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Rafique (Md) ………………… Informant-Petitioner Vs. Syed Morshed Hossain and another………&he..Category: Criminal Law | Date: | Hits: 88
Niman Ali Vs. Ramizuddin and another, 1998, 27 CLC (AD)
....used-respondent Ramizuddin and others under sections 467/109 of the Penal Code on 6-6-88 by the trial Court. The prosecution witnesses were examined with effect from 14-8-89. By judgment and order dated 30-11-89 the Additional District Magistrate, Sylhet convicted accused-respondent Ramizuddin ......essions Judge, affirmed by the High Court Division, calls for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 162. ......amine the witness by the trial court. Lawyers Involved: Abul Quasem, Advocate — For the Petitioner. Not represented— The Respondents. Criminal Petition for Leave to Appeal No. 225 of 1996. Judgment &n..Category: Criminal Law | Date: | Hits: 73
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....d by any law nor justified in the facts of the case…………….(24) (iii) An order to be effective must at least be communicated to the person concerned and the date of actual communication is not material for the said purpose. There was no actual communicatio......against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ...... Judgment February 2, 1998. The Constitution of Bangladesh, 1972, Article 102 (i) Whether an order of dismissal from service under MLO No. 9 was effective or not for non-communication of the same on the affected person can be decided by the Administrative Tribu..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....sp; ATM Afzal CJ.- This appeal, following leave, by the Bangladesh Railway-defendant No.2, is from judgment and decree dated 16 February, 1993 by a Division Bench of the High Court Division in First Appeal No. 53 of 1......bserved that there was no valid and legal contract between the plaintiffs and the defendant. Accordingly the Suit was dismissed by judgment and decree dated 29-8-1985. 6. As already noticed, the High Court Division by the impugned judgment and decree passed in the First Appeal tak......f 1985 allowing the appeal, reversing those of the Subordinate Judge, Narsingdi passed in Title Suit No. 85 of 1985, and decreeing the suit. 2. The plaintiff-respondents brought the aforesaid suit for specific performance of contract for transfer of the suit land on the averments, ..Category: Administrative Law | Date: | Hits: 130
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
....r alia, that although the plaintiffs had transferred 4.50 acres of land in favour of defendant Nos. 46-47 and 1.05 acres of land in favour of defendant No. 45, total 5.55 acres, by registered kabalas dated 14-2-81 being misguided by defendant Nos. 21 and 24, the plaintiffs did not receive any consid......en the parties. But the whole question in the present case is whether, having regard to the stage of the proceeding, there was any scope for allowing the plaintiffs to amend their plaint. It has been noticed that the appellants prayed for a separate saham in the suit in respect of their purchased la......iff-Respondents Judgment November 5, 1996. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 The plaintiff could amend the plaint before the decree was passed by the trial court or in the appellate court after filing of appeal again..Category: Procedural Law | Date: | Hits: 149
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